Burger King is confronting a lawsuit alleging deceptive advertising practices regarding the size of its Whopper sandwich and other products. Plaintiffs argue that the company misrepresents the sizes of menu items, claiming advertisements depict the Whopper 35% larger than reality. US District Judge Roy Altman deemed the allegations plausible, emphasizing that excessive exaggeration in advertising could mislead reasonable consumers. Although Burger King defends its marketing strategies as aiming to attract customers, the court determined that the claims differ significantly from previous similar lawsuits involving competitors.
Nineteen customers from 13 states accused Burger King of materially overstating the size of nearly all menu items in its in-store and online ads.
US District Judge Roy Altman found it plausible that "some" reasonable consumers in the proposed class action could be deceived by Burger King's ads.
Burger King's ads allegedly overstated the size of its products to a much greater degree, including in post-2017 ads where the Whopper appeared larger than in earlier ads.
Burger King acknowledged that its photographers "styled sandwiches more beautifully" than workers do in restaurants, but stated reasonable consumers understand ads aim to make items look appetizing.
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