The lawsuit claims that Burger King advertises sandwiches that appear much larger in pictures than they do on the plate.
Burger King customers have filed a class action against the fast-food company, claiming a marketing campaign for the Whopper constitutes “false and misleading” advertising.
According to WSB-TV2, attorneys say that Burger King has consistently misled consumers about the size of its Whopper burgers since 2017.
“Burger King advertises its burgers as large burgers compared to competitors and containing oversized meat patties and ingredients that overflow over the bun to make it appear that the burgers are approximately 35% larger in size, and containing more than double the meat than the actual burger,” the lawsuit claims.
WSB-TV2 reports that the lawsuit cites at least one YouTube video, created by “fast-food critic” John Jurasek.
In his video, Jurasek blasts Burger King’s “Big King” burger, saying it was much smaller than he had been led to believe.
“The picture [in Burger King advertisements] makes you think that this thing is like two pounds or something, that it’s going to be this massive, massive sandwich,” Jurasek said. “It’s not that big. For six bucks, the size is a little disappointing.”
The complaint also references other social media pictures, posts, and reviews that express disappointment in Burger King items’ sizes.
However, the class takes its claims beyond the Whopper, alleging that the chain restaurant has deceived customers for the past several years.
“Burger King,” the lawsuit states, “materially overstates the size of nearly every menu item in its current advertisements.”
James Kelly, an attorney for the class, says his clients want Burger King—and its competitors—to start creating advertisements that reflect reality.
“We are ultimately seeking changes to the photos for the materially overstated menu items and fairness across the industry on the issue,” Kelly said.
The New York Daily News notes that the following items have been implicated in the class action:
- The Whopper line
- The King line
- The Burger King Croissan’Wich
- The Double Sausage sandwich
The lawsuit lists several other breakfast-time dishes and signature burgers that include bacon or cheese.
“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,” the complaint claims.
“Burger King’s actions are especially concerning now that inflation, food and meat prices are very high and many consumers, especially low income consumers, are struggling financially,” it adds.
James and his legal partner, Anthony J. Russo, said the class is seeking damages related to deceptive advertising practices.
“The matter in controversy exceeds the sum or value of $5,000,000, exclusive of interest and costs,” James and Russo said in court filings.
WSB-TV2 notes that the lawsuit references a recent decision by the United Kingdom’s Advertising Standards Authority, which ordered Burger King to “stop advertising overstated burgers” after several A.S.A. regulators ordered burgers and found their serving sizes to be “considerably less” than advertised.