Burger King is now facing a federal lawsuit after a judge ruled against the company in a class-action case. The lawsuit accuses the fast-food chain of misleading customers through its advertisements.
The lawsuit, filed in Florida, alleges that Burger King's commercials exaggerate the size of its Whopper sandwich and other menu items.
On May 5, US District Judge Roy K. Altman decided that the claims in the lawsuit against Burger King are more than just "exaggerated" and are strong enough to continue in court.
According to USA Today, the 19 plaintiffs, hailing from 13 different states, argue that Burger King's advertisements make the Whopper appear 35% larger than it is in reality.
The suit claims that the ads show the burger with more than double the amount of meat, creating a misleading impression that the actual sandwich served to customers is much larger than it really is.
The customers seek compensation for the alleged false advertising and are demanding that Burger King either stop selling the "Overstated Menu Items" or correct the advertising.
Fast food joints display photos of huge, appetizing burgers…but when you get it, it appears NOTHING like the picture. False and deceptive advertising!
— R Paul (@DeepEcol) May 6, 2025
“Burger King acknowledged that its photographers "styled sandwiches more beautifully" than workers do in restaurants.” pic.twitter.com/vu8ANkK4iS
Judge Rules Burger King's Whopper Ads Could Mislead Consumers
Burger King is defending its advertising practices, arguing that the goal of its ads is simply to make its products look visually appealing, not to mislead customers.
The company claims the beef patties shown in the commercials are the same ones used in their restaurants.
Burger King further argues that consumers understand that advertisements are designed to make the food look appetizing and not to be taken literally.
Judge Altman disagreed with Burger King's argument, stating that the company's post-2017 advertisements appear to exaggerate the size of the Whopper to a much greater degree than earlier ads, Republic said.
The judge found it plausible that consumers could be misled into thinking they were getting a larger sandwich than the one actually served.
This lawsuit is not the first of its kind. A similar lawsuit filed against McDonald's and Wendy's was dismissed in 2023.
However, this decision signals that courts may begin to take a tougher stance on food advertising, particularly when it comes to misrepresentations about product sizes.
The outcome of this lawsuit could have significant implications for the fast-food industry.
If Burger King is found guilty, it could set a precedent that leads to increased scrutiny of marketing practices across other major fast-food chains.
Already, Subway is dealing with a similar case in Brooklyn, New York.
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