Where’s the beef? Burger King sued for falsely advertising the size of the Whopper

More than twenty Burger King customers sued the fast food giant in 2022, alleging that the company falsely advertised the size of its signature burger, the Whopper.

Earlier this week, a judge in Florida ruled that the lawsuit could proceed. U.S. District Judge Roy K. Altman stated that there was at least “some” merit to the arguments presented by the plaintiffs, who accused Burger King of advertising exaggerated dimensions of the Whopper, much larger than what they actually received. While the case may seem trivial to some, it highlights how consumers can exercise their rights, even when the product in question costs less than $10.

The 2022 lawsuit, reviewed by Judge Altman, accused Burger King of “false and misleading advertising concerning the size and/or the amount of ingredients contained in said menu item.”

The plaintiffs claim that Burger King promotes the Whopper as significantly larger than its competitors’ offerings. “Oversized meat patties and ingredients that overflow the bun make it appear that the burgers are approximately 35% larger in size, and contain more than double the meat than the actual burger,” they argued. Photos submitted as evidence show that the real Whopper’s patty and most of its ingredients are neatly tucked inside the bun—far from the overflowing images seen in ads.

Check out this ad from the fast food company, where the overloaded bun can be seen.

Burger King rejects the claims

A spokesperson for Burger King rejected the validity of the lawsuit’s claims earlier this week, according to [source to be inserted]. Many fast food fans—even beyond Burger King loyalists—can relate to the disappointment described in the suit.

Now, it’s up to the courts to determine whether these claims meet the legal threshold to compel Burger King, and potentially other fast food chains, to change their advertising practices—or even pay damages.

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