Judge Rules on Forward Motion of Burger King Whopper Advertising Lawsuit

( NewsNation — A federal judge decided that a lawsuit alleging Burger King deceives consumers through ads making its Whopper and other items seem bigger than their actual size should proceed.

U.S. District Judge Roy K. Altman determined that there was "some" validity to the allegations presented by the consumers. class action lawsuit They might have been misled by the fast-food chain’s advertisements. The lawsuit, involving nineteen customers from thirteen states, was initiated in 2022.

The plaintiffs claim that the burgers advertised by Burger King were "roughly 35% bigger in size and contained over twice as much meat compared to the actual burger."

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Burger King refuted these allegations, stating that their photographers "enhance the appearance of sandwiches" compared to how they're presented in stores. However, they acknowledged that discerning consumers understand the purpose of menu board images—to showcase food in an appealing manner.

The fast-food company attempted to get the lawsuit thrown out, however, Altman stated that the accusations "extend further than simple overstatement or hype."

A similar lawsuit The case against McDonald’s and Wendy’s was dismissed in September 2023.

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