Inflated Burgers? How Deceptive Advertising Can Lead to Legal Battles

Have you ever ordered a burger that looked mouthwatering in the advertisement, only to be disappointed by its significantly smaller size and less-than-generous toppings when you actually received it? You’re not alone. Deceptive advertising in the food industry, particularly when it comes to portraying larger-than-life burgers, is a growing concern that can lead to legal battles. In fact, a lawyer claimed that the entire burger is 35% bigger in adverts than in reality.

The Alluring Image vs. The Harsh Reality

Food advertising is a powerful tool. It uses carefully crafted images and descriptions to entice consumers. However, when these advertisements misrepresent the true size, quality, or ingredients of a product, they cross the line into deceptive practices. This is especially true for fast food chains, where the visual appeal of burgers often plays a significant role in purchase decisions.

Burger King’s Whopper Under Scrutiny

Burger King faced a class-action lawsuit over claims that its Whopper advertisements were misleading. The plaintiffs in the case argued that the promotional images depicted sandwiches significantly larger than those served to customers, with meat patties appearing more than twice the size of what’s actually in the wrapper. The lawsuit, filed by nineteen consumers across thirteen states, alleged that Burger King’s ads, especially those dating from 2017 onward, have consistently shown Whoppers and other items in exaggerated proportions.

The court has allowed the case to move forward, with the judge stating that it’s plausible that a reasonable person could be misled by the depictions. He differentiated this case from similar suits against McDonald’s and Wendy’s, which were dismissed in 2023.

Burger King maintains that its advertising is industry standard, defending the use of styled photography to present food attractively. The company says the burgers in its photos are made with the same flame-grilled patties served in stores and that styling does not equate to deception.

Legal Recourse for Deceptive Advertising

If you believe you’ve been a victim of deceptive advertising, you have legal options. Several laws are in place to protect consumers from false or misleading claims.

Federal Trade Commission (FTC) Act: This is the primary federal law that 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. While primarily used by businesses, it also protects consumers by ensuring companies are held accountable for their advertising claims.
State Consumer Protection Laws: Many states have their own laws prohibiting deceptive advertising and unfair business practices. These laws often mirror the FTC Act and provide consumers with the right to take legal action against companies that engage in false advertising. California’s Consumers Legal Remedies Act is among the strongest of those laws.

What Can You Do?

If you suspect you’ve been a victim of inflated burger advertising or other deceptive practices, here are some steps you can take:

Document the Deception: Gather evidence such as advertisements, receipts, photos of the actual product, and any communication with the company.
File a Complaint: Report the deceptive advertising to the FTC and your state consumer protection agency.
Consider Legal Action: Consult with a consumer protection attorney to understand your rights and options. You may be able to file an individual lawsuit or join a class-action lawsuit.

The Role of the FTC

The FTC plays a crucial role in regulating food advertising and ensuring that companies are truthful in their claims. The FTC has primary responsibility for the truthfulness of advertising. When the FTC discovers a false or misleading advertisement, the organization, as part of its administrative procedures, may do the following:

File a formal complaint against a company for false advertising.
Issue a cease-and-desist order and/or monetary penalty.
Oversee and enforce corrective advertising.

Staying Informed and Protecting Yourself

As a consumer, it’s essential to stay informed about your rights and be aware of deceptive advertising tactics. Here are some tips to help you protect yourself:

Be Skeptical: Don’t take advertisements at face value. Be wary of claims that seem too good to be true.
Read Reviews: Check online reviews and see what other customers are saying about the product or service.
Compare Products: Compare the advertised product with similar products from other companies to see if the claims are consistent.
Check the Ingredients: Read the ingredient list and nutrition information to see if the product matches the advertised claims.
Look for Disclaimers: Pay attention to disclaimers or fine print in the advertisement, as they may reveal important information about the product or service.

The Future of Food Advertising Regulation

The regulation of food advertising is an evolving area, with increasing scrutiny on claims related to health, nutrition, and sustainability. The FTC and other regulatory agencies are constantly updating their guidelines to address new forms of deceptive advertising and protect consumers. Upcoming HFSS advertising restrictions effective October 2025 will enforce stricter practices, especially for children’s products.

Conclusion

“Inflated burgers” and deceptive advertising practices can lead to legal battles and erode consumer trust. By understanding your rights and staying informed, you can protect yourself from these tactics and hold companies accountable for their misleading claims. If you believe you’ve been a victim of deceptive advertising, don’t hesitate to seek legal advice and explore your options for recourse. Contact our firm today for a consultation to discuss your potential case and learn how we can help you fight for your rights.