Burger King is confronting a class-action lawsuit alleging that its advertisements misrepresent the size of its Whopper sandwiches. The lawsuit claims that the burgers appear approximately 35% larger in promotional materials than they are in reality, with more than double the meat depicted. Nineteen consumers from 13 states have filed the suit, citing both in-store and online advertising.

Court’s Decision to Proceed

U.S. District Judge Roy Altman ruled that the lawsuit could proceed, stating that some reasonable consumers might be misled by the advertisements. He noted that the portrayal of the Whopper in ads might go beyond mere exaggeration or puffery, distinguishing this case from similar lawsuits against McDonald’s and Wendy’s, which were dismissed in 2023.

Burger King’s Response

Burger King has denied the allegations, asserting that the flame-grilled beef patties shown in advertisements are the same as those served in restaurants. The company argues that food styling in advertisements is common and that reasonable consumers understand that promotional images are designed to make products appear as appetizing as possible.

Implications and Broader Context

This lawsuit is part of a broader trend of legal challenges against fast-food chains over advertising practices. Similar cases have been filed against Subway and Taco Bell, among others. The outcome of this case could have significant implications for how food products are marketed and the expectations set by promotional materials.