In his decision, U.S. District Judge Roy Altman noted that the allegations against Burger King “go beyond mere exaggeration or puffery.”
A federal judge has ruled that a class action lawsuit against Burger King can move forward.
The lawsuit was first filed in 2022 on behalf of 19 customers from 13 states, all of whom claim that Burger King misrepresents the size of its signature “Whopper” cheeseburgers in advertisements and other marketing material.
Attorneys say that the Burger King’s advertisements regularly depicted Whopper burger that were “approximately 35% larger in size, and contain more than double the meat, than the actual burger.”
“Each of our Plaintiffs purchased BKC products at Burger King stores in their home states, and each came away disappointed by the incongruity between what they received and what they expected based on BKC’s advertisements,” the lawsuit alleges.
Burger King filed a motion to dismiss the lawsuit in October 2023.
In court documents, Burger King lawyers claimed that reasonable customers can and should be expected to read menu descriptions. In the case of the Whopper, restaurant menus are supposed to indicate that the burger contains “¼ pound of flame-grilled beef.”
Furthermore, Burger King says that its advertisements used the exact same patties used in restaurants. The only difference, according to Burger King, is that the Whoppers in marketing materials are “styled … more beautifully,” largely because real workers don’t always have the time to assemble aesthetically-pleasing burgers.
Burger King’s motion to dismiss emphasized that the difference between advertisements and reality should be implicit in the case of fast food.
“Reasonable consumers … know that the entire point of menu board photos is to make the items look as appetizing as possible,” Burger King attorneys wrote. “Pulling ingredients forward on a sandwich before photographing it so that all ingredients are visible is not consumer fraud in Florida or anywhere.”
Earlier this week, on Monday, a Florida-based federal judge ruled in favor of the class, finding that the plaintiffs’ arguments appear to hold “some merit.” In his decision, U.S. District Judge Roy Altman noted that the allegations against Burger King “go beyond mere exaggeration or puffery.”
Altman said that the class has provided sufficient evidence to indicate that Burger King regularly overstated the size of its Whoppers “to a much greater degree,” particularly in newer advertisements.
Burger King maintains that its advertisements were accurate, with a company spokesperson suggesting that all of “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.,” a Burger King spokesperson said in a statement.
Sources
Burger King must face lawsuit over Whopper ads
Burger King to defend Whopper ads in federal court after customers sue for fraud
Judge allows lawsuit over Burger King’s Whopper ads to move forward
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