SIZE MATTERS: Burger King hit with lawsuit alleging Whoppers smaller than advertised

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Burger King is facing a whopper of a lawsuit.

The legal action against the popular fast-food joint claims that BK misleads its customers with advertisements that make its flagship Whopper sandwich and other products appear larger than they are.

In a decision on Monday, U.S. District Judge Roy Altman in Miami found it plausible that “some” reasonable consumers in the proposed class action could be deceived by Burger King’s ads, the New York Post reports.

Nineteen customers across 13 states accused BK of materially overstating the size of nearly all menu items in its ads in-store and online.

The lawsuit cites the restaurant’s alleged portrayal of burgers that “overflow” the buns. The Whopper appeared 35% larger than the actual burger, the suit alleges, and contained more than double the meat.

Burger King acknowledged that its photographers “styled sandwiches understand the point of menu board photos is to make items appear as appetizing as possible.

Altman found allegations that BK’s ads “go beyond mere exaggeration or puffery,” however.

McDonald’s and Wendy’s faced a similar lawsuit that a Brooklyn, N.Y., federal judge dismissed in September 2023.

Altman said BK allegedly overstated the size of its products “to a much greater degree,” including in post-2017 ads where the Whopper appeared larger than in earlier ads.

Burger King is a unit of Toronto-based Restaurant Brands International, whose brands also include Tim Hortons, Popeyes and Firehouse Subs.

“The plaintiffs’ claims are false,” Burger King said in a statement on Tuesday. “The flame-grilled beef patties portrayed in our advertising are the same patties used in the millions of burgers we serve to guests across the U.S.”

A similar lawsuit against Subway is pending in the Brooklyn court.

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