"After Trusting the Ads, Went to Burger King"...Consumers File Class-Action Lawsuit Over Disappointing Reality

"Exaggerated Beyond Reality": 19 Customers File Class-Action Lawsuit
US Court Rules "Goes Beyond Mere Puffery"

Burger King, the American hamburger brand, is facing a consumer class-action lawsuit over allegations that it exaggerated the size of its signature menu item, the Whopper, and other products in advertisements, making them appear larger than they actually are.

Burger King USA is facing a class-action lawsuit for false advertising. Burger King official website

On May 6 (local time), Reuters reported that Judge Roy Altman of the U.S. District Court in Miami ruled that some reasonable consumers could be misled by Burger King's advertising, allowing the consumer lawsuit over false advertising to proceed.

Nineteen Burger King customers from thirteen states claimed in the class-action lawsuit that Burger King exaggerated the size of almost all menu items in both in-store and online advertisements. Specifically, they argued that the Whopper was depicted as being 35% larger in advertisements than in reality, and that the amount of beef patty was shown as being more than twice as much as what is actually served.

Burger King acknowledged that the photographers who shot the advertisements "styled the Whopper to make it look more appealing," but countered that "reasonable consumers understand that menu photos are intended to make the food look as appetizing as possible."

However, Judge Altman pointed out that Burger King's advertisements went beyond mere exaggeration. He specifically noted that since 2017, Burger King has depicted the Whopper as being much larger in advertisements compared to previous ads, making the product appear significantly bigger than it actually is.

Meanwhile, following the ruling, Burger King released a statement asserting that "the plaintiffs' claims are false" and that "the flame-grilled beef patties depicted in the advertisements are the same patties used in the millions of burgers served to guests across the United States."