Lawsuit moves forward against Burger King for making whoppers look larger in commercials but disappointingly small at the counter

Burger King is heading to court after a federal judge ruled that the fast-food chain must face a class-action lawsuit accusing it of misleading customers with exaggerated advertisements. At the center of the case is the Whopper sandwich, which plaintiffs say appears significantly larger in marketing images than what is actually served.

On Monday, U.S. District Judge Roy Altman in Miami rejected Burger King’s motion to dismiss the 2022 lawsuit. He ruled it was “plausible” that some reasonable customers could be deceived by how the Whopper is portrayed in ads — particularly those that show it “overflowing” the bun with more meat and toppings than what’s delivered in reality.

The lawsuit was brought by 19 customers from 13 states. It claims Burger King overstated the size of nearly all menu items, with the Whopper allegedly shown as 35% larger than its real-world version. Plaintiffs also argue the burger appears to contain more than double the actual meat portion.

Burger King acknowledged that its marketing involves food “styled more beautifully” than what’s prepared in stores. Still, the company insists this is common advertising practice. “The plaintiffs’ claims are false,” Burger King said 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.”

However, Judge Altman said the allegations go beyond “mere exaggeration or puffery.” He highlighted post-2017 advertisements that made the Whopper look even larger than in previous years. He also noted the claims differ from a similar lawsuit against McDonald’s and Wendy’s that was dismissed in 2023.

Burger King’s parent company, Restaurant Brands International, also owns Tim Hortons, Popeyes, and Firehouse Subs. This ruling means the lawsuit will move forward, although no determination of guilt has been made. A trial could set a major precedent regarding food advertising standards.

Anthony Russo, attorney for the plaintiffs, welcomed the judge’s decision. Meanwhile, a separate case against Subway over its tuna sandwiches is still pending in Brooklyn federal court.