·  Legal News, Analysis, & Commentary

Featured Article

Class-Action Lawsuit Accuses Burger King of False Advertisement

— April 8, 2022

Burger King is under fire in a new lawsuit alleging false advertisement.

A class-action lawsuit was recently filed over the size of Burger King’s whopper sandwiches. According to the suit, lead plaintiff Walter Coleman and others “felt cheated when they discovered the actual size of their burgers,” claiming they were much smaller than advertisements lead them to believe. The suit against Burger King is seeking to hold the company accountable for the alleged false advertising. Additionally, the plaintiffs would also like the money back that they spent on the smaller than expected burgers.

Image of the Burger King Headquarters
Burger King Headquarters; image courtesy of Coolcaesar at English Wikipedia via Wikimedia Commons,

The suit was filed in the U.S. District Court for the Southern District of Florida. It argues that the fast-food giant is “misrepresenting the size of its food in its advertisements and that customers are continually duped into buying a substandard product.” On top of the monetary damages, the plaintiffs are requesting, the suit is also demanding that Burger King “correct the deceptive behavior.”

According to the plaintiffs, Burger King advertises its burgers with “oversized meat patties and ingredients that overflow over the bun to make it appear that the burgers are approximately 35% larger in size, and contain more than double the meat.” Reality paints a different picture, the plaintiffs claim. According to customer pictures included in the lawsuit, “customers are paying for puny, ersatz versions of what’s shown in ads.” The suit states:

“Burger King’s advertisements for its burger and menu items are unfair and financially damaging consumers as they are receiving food that is much lower in value than what was promised.”

This latest suit is only one of many that have been filed against fast food companies in recent years over claims of false advertising. For example, in October, Kellogg was hit with a $5 million lawsuit over claims that the “strawberry Pop-Tarts do not contain as many strawberries as advertised.” More than 280 similar lawsuits were filed throughout 2021. 

Anthony Russo, an attorney based in Florida, is representing the plaintiffs in the Burger King case. When commenting on the matter, he said it is “important to hold large corporations like Burger King accountable.” He added, “Little situations — what some would consider to be a little situation like this — could lead to unfettered behavior from big corporations.” He also noted:

“Left unchecked, misleading advertisements could become the “rule rather than an exception…Big or small, justice is justice, and laws are laws…And just because something happens to appear in someone’s opinion to be minor doesn’t mean that it is.”


Burger King Whopper 35 percent smaller than in ads, lawsuit says

Does Size Really Matter? Burger King Whopper 35% Smaller Than Portrayed In Ads, Lawsuit Says

Join the conversation!