Burger King sued for falsely advertising Whopper

Burger King is facing a lawsuit in the US which claimed the brand misled customers by advertising its burgers as large burgers compared to competitors, leading to unfair and deceptive trade practices concerning the sale of falsely advertised menu items. 

The suit, brought by 19 customers from 13 states, claimed that Burger King has greatly overstated the size and the amount of ingredients in its menu items in both in-store and online advertisements. The plaintiffs brought this action against Burger King, on behalf of themselves and all other similarly situated individuals who purchased a Burger King menu item based on false and misleading advertising concerning the size and the amount of ingredients contained in said menu item.

According to the complaint, the plaintiffs have alleged that Burger King advertises its burgers as larger than those of its competitors, featuring oversized meat patties and ingredients that overflow over the bun. This created the impression that the burgers are about 35% larger and contain more than double the actual amount of meat. The complaint included a photo of the Whopper as shown in ads compared to its actual appearance, as seen by MARKETING-INTERACTIVE.

The plaintiffs further claimed that Burger King began to materially overstate the size of its burgers in its advertisements starting in September 2017, whereas the company previously advertised the size of the Whopper more fairly on its website and store menus. The complaint included a side-by-side comparison of Burger King’s former Whopper advertisement and the current one, claiming that the burger's size has increased by approximately 35% and the amount of beef has more than doubled.

“Although the size of the Whopper increased materially in Burger King’s advertisements, the recipe or the amount of beef or ingredients contained in Burger King’s Whopper has never changed,” the complaint stated.

Apart from the Whopper, the plaintiffs claimed that Burger King materially overstates the size of nearly every menu item in its current advertisements, such as the Impossible Whopper, Big King, Single Quarter Pound King, Bacon King, Double Cheeseburger, and Breakfast Bacon King.

In response to the allegations of false and misleading advertising, Burger King acknowledged that its photographers "styled sandwiches more beautifully" than how they are presented in restaurants, according to Reuters. It argued that reasonable consumers understand that the purpose of menu board photos is to make items look as appetising as possible. 

However, in a decision on Monday (5 May), US District Judge Roy Altman in Miami found it plausible that "some" reasonable consumers in the proposed class action could be deceived by Burger King's ads, according to Reuters. He said the allegations suggest Burger King's ads "go beyond mere exaggeration or puffery”. 

Altman referenced a similar case involving McDonald's and Wendy's in Brooklyn, which was dismissed in September 2023. The two fast food chains successfully defended against a lawsuit alleging that they misled hungry customers by exaggerating the size of their burgers. Altman said Burger King allegedly overstated the size of its products "to a much greater degree", particularly in advertisements after 2017, where the Whopper appeared larger than in previous ads.

On the other hand, Burger King stated that the plaintiffs' claims are false, asserting that the flame-grilled beef patties featured in its advertising are the same patties used in the millions of burgers served to customers across the US, according to Reuters.

MARKETING-INTERACTIVE has reached out to Burger King for a statement. 

Don't miss: Burger King Korea offers consumers a unique way to enjoy new Whopper

Apart from Burger King, Subway is also facing a similar lawsuit, accused of "grossly misleading" customers by advertising sandwiches that contain at least three times the amount of meat actually provided.

According to a proposed class action filed on Monday in federal court in Brooklyn, Subway's ads for its Steak & Cheese sandwich show layers of meat piled high, nearly matching the height of the surrounding hero bread. However, the complaint includes several photos showing that the fast-food chain's sandwiches contain significantly more bread than filling.

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