Miami, Fla. — A federal judge has determined that Burger King may be held accountable for how it portrays its Whopper in advertisements, as the fast-food chain faces a lawsuit alleging that it misrepresents the burger’s size. The ruling allows a group of customers, who claim that the burgers served do not match the size depicted in ads, to continue their legal challenge against the company.
Judge Roy Altman denied Burger King’s request to dismiss the case, which began when Anthony Russo, a Florida lawyer, filed a lawsuit on behalf of dissatisfied customers. They argue that Burger King’s promotional images exaggerate the size of the Whopper by as much as 35 percent, featuring burgers that sometimes appear to contain double the actual amount of meat.
In a statement, Burger King acknowledged that its advertising may stylize burgers for aesthetic purposes. However, it contends that consumers recognize the intent behind promotional images is to present food in the most appealing light. The fast-food giant sought to have the lawsuit thrown out, arguing that reasonable customers understand this marketing practice.
Nonetheless, Judge Altman characterized Burger King’s advertisements as going beyond ordinary exaggeration. He emphasized that many consumers could feel misled by the disparity between what they receive and what they expect based on the company’s advertisements.
The lawsuit involves 19 plaintiffs from 13 states, all of whom reported disappointment upon receiving burgers that differed significantly in size from those shown in promotional materials. Judge Altman supported their claim, stating, “We find it plausible to believe that some reasonable consumers could be deceived by Burger King’s advertisements.”
This case contrasts with a separate lawsuit brought against McDonald’s and Wendy’s, which was dismissed by another judge in September due to less severe claims. According to Judge Altman, the discrepancies in Burger King’s advertising are notably more extreme, particularly for ads released after 2017.
Russo expressed satisfaction with the ruling, stating that the plaintiffs are eager to move forward. They are seeking monetary damages for all customers who might feel misled by Burger King’s marketing tactics. In response, a company spokesperson reiterated that the burgers served at their restaurants use the same ingredients as depicted in the ads, asserting the plaintiffs’ claims are unfounded.
The lawsuit highlights ongoing concerns about the honesty of food advertising within the fast-food industry. As consumers become more aware of marketing practices, such cases may prompt companies to reassess how they present their products to the public.
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