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Burger King Is Facing A Lawsuit For Reportedly Deceiving Customers With The Size Of Its Whoppers In Ads: Judge Agrees ‘Goes Beyond Mere Exaggeration’

May 28, 2025 by Abigail Connolly

 
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Burger King is one of many fast food establishments that has angered its consumers by using advertisements that make the food look much larger and more appetizing than it is in person. However, they are actually being sued over them.

Recently, a federal judge ruled that a class action lawsuit against Burger King’s advertisements for their Whopper can move forward after plaintiffs argued that they were advertising their Whoppers and other sandwiches as bigger than they are in their restaurants. While some fast food lawsuits haven’t made it that far, the case against Burger King is progressing, and customers are waiting to see what will happen as it moves forward. Read more about the fast food lawsuit below.

Burger King Customers Sue The Fast Food Chain Over Their Advertisements

Many fast food customers have had a moment of disappointment when they see a big, juicy burger topped with super fresh-looking toppings and a large patty, only to order it and be handed a smaller, less exciting product. Fast food and restaurant advertising has been controversial for years, as they need to market their food in the best way, but your order won't always 'look like the picture.'

Consumers have reportedly had issues with Burger King and their Whopper advertisements over the years, and it's gotten to the point where some of them are ready to go to court over them. According to recent news reports, nineteen Burger King customers from several different states filed a class-action lawsuit against Burger King in 2022. The lawsuit alleged the company was using false advertising, stating that the Whopper and other menu items in their advertisements were "approximately 35% larger in size, and contain more than double the meat, than the actual burger," according to NBC News.

Plaintiffs in the lawsuit were not only upset that they were being given a product that was smaller than its advertised size, but they also felt they would not have spent their money on those menu items if they had known they wouldn't be getting exactly what they had seen in ads.

A Federal Judge Rules That The Lawsuit Against Burger King Will Move Forward

Certain lawsuits against major fast food companies have been dismissed in the past, but this time, a federal judge in Florida is ruling that it can move forward.

Earlier this month, on May 7th, NBC News reported that U.S. District Judge Roy K. Altman ruled there was some merit to the angry customers' argument and stated that their allegations against Burger King "go beyond mere exaggeration or puffery."

Reports share that there were uses of photo evidence in the lawsuit, as it included side-by-side photos of Burger King's meticulously made advertisements and the smaller, weaker products its customers were served in person. Although the major fast food company reportedly attempted to dismiss the lawsuit, Altman found that it was worthy enough to move forward after it was first filed around three years ago.

This is a big deal for fast food consumers everywhere, as not all lawsuits against alleged false advertisements go this far, given that these companies are very big and powerful. We'll be curious to see what happens in the lawsuit and if it eventually pushes fast-food companies to serve products that look a lot more like what they're advertising.

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