Burger King’s Exaggerated Ads: Judge Allows Lawsuit Over Whopper Size to Proceed

Have you ever felt like the food you ordered didn’t quite match the picture? You’re not alone. Burger King is currently facing a class-action lawsuit over claims that its advertisements exaggerate the size of the Whopper. According to the lawsuit, Burger King’s Whoppers appear “approximately 35% larger in size, and contain more than double the meat, than the actual burger.” This isn’t just about a slightly misleading image; it’s about potentially deceiving customers and impacting their purchasing decisions.

The Whopper of a Lawsuit: Allegations and Key Developments

The Burger King Whopper lawsuit, initially filed in March 2022, alleges that the fast-food chain has been misleading customers since 2017 by portraying its burgers as significantly larger than what is actually served. The plaintiffs, consisting of 19 customers from 13 states, claim that the advertised Whoppers appear to have oversized meat patties and ingredients that overflow the bun, creating the illusion of a much larger burger.

Key Allegations:

Size Discrepancy: The lawsuit claims that the advertised Whoppers are approximately 35% larger and contain more than double the meat compared to the actual burgers served to customers.
Misleading Visuals: Plaintiffs argue that Burger King uses misleading images in its in-store menu boards and online advertisements to overstate the size of its burgers.
Deceptive Trade Practices: The lawsuit alleges deceptive trade practices, claiming that Burger King began to “materially overstate the size of its burgers” in ads beginning in 2017.

Legal Developments:

Judge Allows Lawsuit to Proceed: In May 2025, U.S. District Judge Roy Altman ruled that the class action lawsuit against Burger King could proceed, stating that the plaintiffs’ claims “go beyond mere exaggeration or puffery.”
Scope Narrowed: While Judge Altman allowed the case to move forward, he narrowed the scope of the lawsuit to focus on in-store advertising, dismissing claims related to television and online ads.
Class Action Certification Denied: In December 2025, Judge Altman dealt a setback to the plaintiffs by denying class action certification, stating that the claims were too disparate and individualized.

Burger King’s Defense

Burger King denies the accusations and argues that its advertising is simply “styled to make [the burgers] look as appetizing as possible.” The company claims that reasonable consumers understand that food advertisements are not always literal representations of the products served. Burger King also states that the beef patties used in its advertisements are the same patties used in the millions of burgers it serves to guests across the U.S.

The Broader Implications of False Advertising

This lawsuit highlights the issue of false advertising in the food industry. False advertising is the practice of promoting products or services in a deceptive or misleading way. It involves making false claims or misrepresentations about the product’s quality, benefits, or features to entice consumers to make a purchase.

Impact on Consumers:

Financial Loss: Consumers may spend money on products that do not meet their expectations or deliver the promised benefits.
Psychological Effects: False advertising can lead to feelings of anger, betrayal, and disappointment when consumers realize they have been misled.
Erosion of Trust: Over time, false advertising can erode consumer trust in brands and the advertising industry as a whole.
Health and Safety Concerns: In some cases, false advertising can pose health and safety risks, such as with weight loss supplements that make unsubstantiated claims.

Legal and Regulatory Framework:

Several laws and regulations exist to protect consumers from false advertising.

Federal Trade Commission (FTC) Act: This act prohibits unfair or deceptive business practices, including false advertising. The FTC has the power to investigate and take enforcement action against companies engaging in false advertising.
Lanham Act: This federal law allows competitors to sue each other for false advertising.
State Laws: Virtually every state has laws against false advertising, providing remedies to consumers and competitors who have been victimized.

What Can You Do If You’ve Been a Victim of False Advertising?

If you believe you’ve been a victim of false advertising, there are steps you can take:

Document the Deceptive Advertising: Keep records of the advertisements, receipts, and any other relevant information.
File a Complaint: File complaints with the FTC and your state consumer protection agency.
Consider Legal Action: You may be able to file an individual lawsuit or join a class action lawsuit.

Advice

While the Burger King Whopper lawsuit is still ongoing, it serves as a reminder for consumers to be aware of potentially misleading advertising practices. It also highlights the importance of consumer protection laws and the role they play in ensuring fair and accurate advertising.

If you believe you have been a victim of false advertising, it is important to seek legal advice to understand your rights and options. Contact our firm today for a consultation.