Fast-Food Giant Faces Legal Challenge Over Portion Claims In Advertising

A federal judge has allowed a class action lawsuit against Burger King to proceed, alleging that the fast-food giant’s mouthwatering advertisements significantly overstate the size of Whoppers and other menu items compared to what customers actually receive.

Quick Takes

A lawsuit filed by 19 customers from 13 states claims Burger King’s advertised burgers appear 35% larger with double the meat compared to what’s served
U.S. District Judge Roy K. Altman ruled the allegations “go beyond mere exaggeration or puffery,” allowing the case to move forward
Burger King maintains that “the plaintiffs’ claims are false” and that the same beef patties shown in ads are served to customers
Similar lawsuits against McDonald’s and Wendy’s were dismissed in September, while Subway faces separate litigation about meat quantities

Judge Allows Lawsuit to Proceed Despite Burger King’s Objections

A class action lawsuit against Burger King over allegedly misleading advertisements will proceed after U.S. District Judge Roy K. Altman found merit in claims that the fast-food chain overstates the size of its signature Whopper and other menu items. The lawsuit, filed in 2022 by 19 plaintiffs from 13 different states, alleges that Burger King’s menu items appear significantly larger in advertisements than what customers actually receive in their orders. Burger King had attempted to have the case dismissed, arguing that their advertisements fall under standard marketing practices.

Judge Altman determined that reasonable consumers could indeed be misled by the company’s advertisements. The court found that the discrepancies alleged weren’t simply minor aesthetic differences but potentially substantial enough to constitute false advertising. This ruling allows the plaintiffs to continue pursuing their claims against the hamburger chain, setting up what could become a significant case regarding advertising standards in the fast-food industry.

Substantial Size Discrepancies Claimed by Consumers

According to court documents, the plaintiffs claim that Burger King’s advertised burgers appear approximately 35% larger in marketing materials than the products customers actually receive. More specifically, they allege that the advertisements show burgers with meat patties that contain more than double the actual amount served. The lawsuit includes side-by-side comparison images that purport to show the stark difference between the advertised Whopper and the real-world version delivered to customers.

The legal complaint further alleges that Burger King has been gradually increasing the size of its Whoppers in advertisements since September 2017, despite making no actual changes to the recipe or ingredient quantities. This discrepancy extends beyond just the signature Whopper to other menu items, including the Impossible Whopper and Bacon King, which plaintiffs claim are similarly misrepresented in marketing materials. These allegations form the core of the lawsuit’s consumer deception claims.

Burger King Defends Its Advertising Practices

Burger King has firmly denied the allegations, with a company spokesperson stating that “the plaintiffs’ claims are false.” The fast-food chain maintains that the beef patties shown in their advertisements are identical to those served to customers in their restaurants. The company has argued that their marketing materials aim to “style sandwiches more beautifully” to make the food look appetizing, which they consider standard industry practice rather than deceptive advertising.

The company’s defense strategy echoes similar arguments made by other fast-food chains facing comparable lawsuits. Indeed, McDonald’s and Wendy’s successfully had similar cases dismissed in September, suggesting that courts have previously been receptive to the industry’s position that food styling for advertisements represents accepted marketing techniques rather than false advertising. However, Judge Altman’s decision indicates that Burger King’s specific circumstances may differ enough to warrant further legal examination.

Broader Implications for Fast-Food Advertising

This lawsuit against Burger King isn’t occurring in isolation. The fast-food industry has faced increasing scrutiny over advertising practices, with Subway also currently defending against a lawsuit alleging misleading claims about meat quantities in its sandwiches. These cases collectively raise important questions about the boundaries between permissible marketing techniques and consumer deception in food advertising, potentially establishing new precedents for how restaurants can visually represent their products.

The outcome of this case could potentially impact advertising standards across the fast-food industry, forcing companies to reconsider how they present their products in marketing materials. For consumers, the case represents a test of truth-in-advertising principles and whether companies can be held accountable when their actual products fail to match the appetizing images used to sell them. As the lawsuit progresses, it will further define the line between acceptable food styling and misleading representation.