Burger King is set to face a lawsuit in the US over claims that the fast-food chain mislead customers with advertisements that make its Whopper sandwich and other products appear larger than they are.
IUS District Judge Roy Altman in Miami, Florida found it plausible that “some” reasonable consumers in the proposed class action could be deceived by Burger King’s ads, according to Reuters.
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Nineteen people from thirteen states are suing Burger King on the grounds that the company materially overstated the size of almost all menu items in its in-store and online advertisements.
In advertisements, Burger King showed sandwiches with fillings that “overflow” the buns, and that contained more than double the amount of meat found in standard Burger King itms.
In court filings, Burger King acknowledges that its photographers “styled sandwiches more beautifully” than workers do in restaurants. However, the company argued that reasonable consumers understand that the point of menu board photos is to make items look like as appetising as possible.
Despite this, Judge Altman found that the allegations against Burger King’s advertisements “go beyond mere exaggeration or puffery.”
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By GlobalDataMcDonald’s and Wendy’s both faced similar class-action lawsuits in 2023.
Judge Altman noted that Burger King allegedly overstated the size of its products “to a much greater degree,” particularly in post-2017 advertisements where the Whopper appeared larger than in earlier ads.
Founded in 1954, Burger King is the second-largest fast food hamburger chain in the world.
It is a unit of Restaurant Brands International, a Canadian-American multinational fast food holding company which also owns the brands Tim Hortons, Popeyes and Firehouse Subs.
In November 2024, Burger King initiated legal action in India against Jaipur-based Burger Farm for purported trademark infringement.
