A Florida federal judge has ruled that Burger King must face a lawsuit accusing the chain of deceptive advertising practices for its iconic Whopper sandwich and other menu items. The ruling, issued on May 5 by U.S. District Judge Roy K. Altman, denied Burger King's request to dismiss the 2022 case, paving the way for a high-stakes courtroom showdown over the chain's marketing tactics.
What's the Lawsuit About?
Nineteen plaintiffs from 13 states allege Burger King's advertisements—both online and in-store—mislead customers by depicting Whoppers and other burgers as significantly larger than what's actually served. The lawsuit claims images show "oversized meat patties" and ingredients spilling over the bun, making burgers appear roughly 35% bigger and containing "more than double the meat" compared to reality. Critics argue this deceptive marketing has persisted since 2017, when Burger King allegedly revamped ads to emphasize bigger portions without changing product sizes.
Plaintiffs seek financial restitution and demand Burger King either reform its advertising practices or halt sales of the "overstated" items entirely.
Burger King's Defense
Burger King has fiercely denied the allegations, asserting in court filings that its ads feature the same beef patties served to customers. The chain argued that food photography naturally enhances presentation—like positioning ingredients for visibility—but stressed this isn't "consumer fraud." In a statement to USA TODAY, Burger King called the claims "false," reiterating that "the flame-grilled beef patties portrayed in our advertising are the same patties used in the millions of burgers we serve."
Judge's Decision Signals Trouble for Fast-Food Giant
Judge Altman rejected Burger King's dismissal bid, noting the plaintiffs' claims surpass "mere puffery." He highlighted post-2017 ads that allegedly amplified burger sizes compared to earlier campaigns, suggesting a deliberate effort to exaggerate portions. The ruling contrasts with a 2023 dismissal of similar lawsuits against McDonald's and Wendy's, though a pending case against Subway—over allegedly undersized sandwiches—remains active in New York.
Why This Case Matters
The lawsuit taps into growing scrutiny over fast-food marketing tactics, where visually appealing ads often clash with real-world products. For Burger King, the stakes are high: the Whopper has anchored its menu since 1957, making the case a potential threat to its brand reputation and revenue. If plaintiffs prevail, the chain could face financial penalties and be forced to revamp decades of advertising strategy.
What's Next?
With the motion to dismiss denied, Burger King must now defend its marketing practices in court. Legal experts predict the case could hinge on interpretations of "reasonable consumer expectations" and whether Burger King's styling crosses into false advertising. As competitors like Subway face parallel battles, the outcome may set a precedent for the fast-food industry's advertising standards.
For now, Burger King's Whopper remains on menus—but its portrayal in ads could soon undergo a legal grilling.