Burger King faces legal battle over alleged Whopper misleading ads
Shreeaa Rathi | TIMESOFINDIA.COM | May 06, 2025, 22:48 IST
( Image credit : Insider )
Burger King is under scrutiny in a courtroom drama concerning its famed Whopper commercials. A group of consumers alleges that the advertisements exaggerate the burger's dimensions, leading to consumer disappointment. A Florida judge has permitted the lawsuit to advance, with Burger King maintaining that their marketing merely showcases the food in an appetizing way.
The Whopper, one of Burger King's most iconic sandwiches, has been a staple of American fast food since its debut in 1957. However, nearly seven decades later, the burger chain finds itself defending its advertising practices in federal court.
On May 5, 2025, U.S. District Judge Roy K. Altman in Florida denied Burger King's motion to dismiss a 2022 lawsuit accusing the company of misleading customers through deceptive advertisements. The lawsuit, filed by 19 individuals from 13 different states, claims that Burger King misrepresented the size and quality of its burgers, particularly the Whopper, in commercials, in-store promotions, and online materials.
The plaintiffs allege that the fast food giant "advertises its burgers as large compared to competitors" by showcasing oversized meat patties and ingredients that spill over the bun, making the burgers appear 35% larger and containing more than double the meat than what is actually served. According to the lawsuit, these ads, which date back to Burger King's post-2017 marketing campaigns, promised a burger experience that customers never received.
Despite the promotional promises, the lawsuit argues that the actual burgers served to customers did not meet the expectations set by the advertisements. The plaintiffs seek to recover money spent on allegedly overstated menu items and demand that Burger King either stop selling misleading products or correct the deceptive practices.
Burger King Responds to Allegations
In response to the lawsuit, Burger King filed a motion in October 2023 to have the case dismissed. The fast food chain argued that customers failed to read the product descriptions for its menu items, such as the Whopper, which is described as containing "a ¼ pound of flame-grilled beef." The company further contended that the beef patties used in its advertisements were the same ones served in its restaurants and that the only difference was the "styling" of the sandwiches to make them more visually appealing.
"Reasonable consumers know that the purpose of menu photos is to make the items look as appetizing as possible," Burger King's motion read. "Pulling ingredients forward on a sandwich to make them more visible is not consumer fraud in Florida or anywhere."
Burger King also dismissed the claims, calling them "false" and reaffirming that the beef patties in the ads were identical to those used in their burgers sold across the U.S.
Judge's Decision and the Road Ahead
Judge Altman, however, disagreed with Burger King's motion, finding that the allegations went beyond simple exaggeration or "puffery." He noted that the complaint suggested that Burger King had exaggerated the size of its menu items "to a much greater degree," particularly in the post-2017 advertisements that presented the Whopper in a significantly larger form than in previous ads.
The case against Burger King echoes similar legal challenges faced by other fast food chains. For instance, a federal judge in Brooklyn, New York, dismissed a lawsuit in September 2023 involving McDonald's and Wendy's, which also accused the chains of misleading advertising. Another lawsuit against Subway, claiming the sandwich chain misrepresented the amount of meat in its subs, is still pending in federal court.
As the legal battle continues, Burger King may face more scrutiny over its advertising practices, especially as consumer expectations regarding food marketing continue to evolve. For now, the outcome of this case could set a significant precedent for the fast food industry and its advertising standards.
On May 5, 2025, U.S. District Judge Roy K. Altman in Florida denied Burger King's motion to dismiss a 2022 lawsuit accusing the company of misleading customers through deceptive advertisements. The lawsuit, filed by 19 individuals from 13 different states, claims that Burger King misrepresented the size and quality of its burgers, particularly the Whopper, in commercials, in-store promotions, and online materials.
The plaintiffs allege that the fast food giant "advertises its burgers as large compared to competitors" by showcasing oversized meat patties and ingredients that spill over the bun, making the burgers appear 35% larger and containing more than double the meat than what is actually served. According to the lawsuit, these ads, which date back to Burger King's post-2017 marketing campaigns, promised a burger experience that customers never received.
Despite the promotional promises, the lawsuit argues that the actual burgers served to customers did not meet the expectations set by the advertisements. The plaintiffs seek to recover money spent on allegedly overstated menu items and demand that Burger King either stop selling misleading products or correct the deceptive practices.
Burger King Responds to Allegations
In response to the lawsuit, Burger King filed a motion in October 2023 to have the case dismissed. The fast food chain argued that customers failed to read the product descriptions for its menu items, such as the Whopper, which is described as containing "a ¼ pound of flame-grilled beef." The company further contended that the beef patties used in its advertisements were the same ones served in its restaurants and that the only difference was the "styling" of the sandwiches to make them more visually appealing.
"Reasonable consumers know that the purpose of menu photos is to make the items look as appetizing as possible," Burger King's motion read. "Pulling ingredients forward on a sandwich to make them more visible is not consumer fraud in Florida or anywhere."
Burger King also dismissed the claims, calling them "false" and reaffirming that the beef patties in the ads were identical to those used in their burgers sold across the U.S.
Judge's Decision and the Road Ahead
Judge Altman, however, disagreed with Burger King's motion, finding that the allegations went beyond simple exaggeration or "puffery." He noted that the complaint suggested that Burger King had exaggerated the size of its menu items "to a much greater degree," particularly in the post-2017 advertisements that presented the Whopper in a significantly larger form than in previous ads.
The case against Burger King echoes similar legal challenges faced by other fast food chains. For instance, a federal judge in Brooklyn, New York, dismissed a lawsuit in September 2023 involving McDonald's and Wendy's, which also accused the chains of misleading advertising. Another lawsuit against Subway, claiming the sandwich chain misrepresented the amount of meat in its subs, is still pending in federal court.
As the legal battle continues, Burger King may face more scrutiny over its advertising practices, especially as consumer expectations regarding food marketing continue to evolve. For now, the outcome of this case could set a significant precedent for the fast food industry and its advertising standards.