Burger King is facing a federal lawsuit over allegations of false advertising regarding its signature Whopper burger. The lawsuit, originally filed in 2022, claims that Burger King misled customers by portraying the Whopper as significantly larger in advertisements than it actually is when served in restaurants. The plaintiffs argue that Burger King’s marketing materials exaggerated the size of the burger, making it appear 35% larger and containing more than double the meat compared to the actual product. This case has drawn attention to the broader issue of deceptive advertising in the fast-food industry.
On May 5, 2025, U.S. District Judge Roy K. Altman in Florida denied Burger King’s motion to dismiss the lawsuit, allowing the case to proceed in federal court. The judge ruled that the allegations against Burger King “go beyond mere exaggeration or puffery”, suggesting that the company’s advertising practices may have genuinely misled consumers. This decision means Burger King must now defend itself against claims that it breached consumer trust through misleading marketing tactics.
The lawsuit, brought by 19 plaintiffs from multiple states, argues that Burger King has been falsely advertising its burgers since September 2017. The plaintiffs provided side-by-side images comparing actual Whoppers purchased at Burger King locations to those depicted in advertisements. These comparisons allegedly show a stark difference in size, reinforcing claims that the company misrepresented its product. The plaintiffs are seeking compensation and demanding that Burger King correct its advertising practices to reflect the true size of its menu items.
Burger King, in its defense, maintains that its advertisements are not deceptive. The company argues that the beef patties used in promotional materials are the same as those served to customers, and that the images are merely styled to look more appealing. Burger King also contends that reasonable consumers understand that promotional images are meant to be visually enticing and do not necessarily reflect the exact appearance of the food they receive. Despite these arguments, the judge found that the plaintiffs’ claims warranted further legal examination.
This lawsuit is part of a growing trend of legal actions against fast-food chains for alleged false advertising. Similar cases have been filed against McDonald’s and Wendy’s, though a federal judge in New York dismissed those lawsuits in 2023. The outcome of Burger King’s case could set a precedent for how food companies market their products and whether they can be held accountable for exaggerated promotional images.
As the case moves forward, Burger King will have to provide evidence supporting its claims that its advertisements are not misleading. If the plaintiffs succeed, the company may be required to adjust its marketing strategies and potentially compensate affected customers. This lawsuit highlights the ongoing debate over truth in advertising and the expectations consumers have when purchasing food based on promotional materials. False advertising is something we watch closely at Misleading, more on this story as it advances through the judicial process
Staff Writer David R
