Burger King Faces Federal Court over Whopper Size Misrepresentation Claims

Burger King is headed to federal court after a Florida judge denied its motion to dismiss a lawsuit alleging the fast food giant misrepresented the size of its Whopper burgers in advertisements. The suit, filed by 19 customers across 13 states, claims Burger King’s promotional materials exaggerated the size and contents of its burgers, making them appear up to 35% larger and more generously filled than what customers actually received.

At the heart of the dispute are ads released after 2017, which the plaintiffs argue depicted burgers with exaggerated ingredients overflowing from buns, suggesting significantly more meat and toppings than provided in real orders. They accuse Burger King of inflating expectations to boost sales and seek both financial restitution and an end to the allegedly deceptive advertising.

Burger King responded by asserting that the burgers in their ads use the same patties served in stores, merely presented in a more visually appealing way. The company argued that reasonable consumers expect marketing images to be enhanced. However, U.S. District Judge Roy K. Altman determined the lawsuit goes beyond typical advertising "puffery" and reflects potentially actionable misrepresentation.

This case follows similar legal actions against McDonald’s, Wendy’s, and Subway, where food advertising practices are increasingly coming under scrutiny. Whether the lawsuit will ultimately succeed remains to be seen, but the court’s decision ensures Burger King must now formally defend its advertising tactics.