Suit claiming Burger King showed misleading photos of burgers can go forward, judge rules
A class-action lawsuit accusing Burger King of misrepresenting the size of its Whopper sandwiches in advertisements and in-store menu boards is moving forward after a federal judge declined, for a second time, to dismiss the case.
The lawsuit, filed in U.S. District Court in Miami in March 2022, alleges that Burger King deceived customers by using photos in its ads and on in-store menu boards showing burger patties substantially larger than what were actually served.
Whopper and Big King patties in the ads were 35% larger and double the meat that consumers received, the lawsuit alleges.
The photos began appearing in 2017, the lawsuit says, replacing photos that showed smaller patties.
A spokesperson for the Miami-based fast food chain said following the ruling, “The plaintiffs’ claims are false. The flame-grilled beef patties portrayed in our advertising are the same patties used in the millions of burgers we serve to guests across the U.S.”
U.S. District Judge Roy K. Altman said that at this stage of the case, he was required to assume that the plaintiffs’ claims were true. Under that assumption, he said he agreed with the plaintiffs’ assertion that Burger King’s “advertisements — when compared to other, similar advertisements — have a greater capacity to deceive or mislead reasonable consumers.”
