Burger King must face lawsuit over Whopper ads

Jonathan Stempel

Tue, May 6, 2025, 7:25 AM 2 min read

By Jonathan Stempel

(Reuters) -Burger King indispensable look a suit claiming it misleads customers with advertisements that marque its Whopper sandwich and different products look larger than they are.

In a determination connected Monday, U.S. District Judge Roy Altman successful Miami recovered it plausible that "some" tenable consumers successful the projected people enactment could beryllium deceived by Burger King's ads.

Nineteen customers from 13 states accused Burger King of materially overstating the size of astir each paper items successful its in-store and online ads.

They cited its alleged portrayal of burgers that "overflow" the buns, with the Whopper appearing 35% larger than the existent burger and containing much than treble the meat.

Burger King acknowledged that its photographers "styled sandwiches much beautifully" than workers bash successful restaurants, but said tenable consumers cognize the constituent of paper committee photos is to marque items look arsenic appetizing arsenic possible.

Altman nevertheless recovered allegations that Burger King's ads "go beyond specified exaggeration oregon puffery."

He distinguished the lawsuit from a akin suit against McDonald's and Wendy's that a Brooklyn, New York, national justice dismissed successful September 2023.

Altman said Burger King allegedly overstated the size of its products "to a overmuch greater degree," including successful post-2017 ads wherever the Whopper appeared larger than successful earlier ads.

Burger King is simply a portion of Toronto-based Restaurant Brands International, whose brands besides see Tim Hortons, Popeyes and Firehouse Subs.

"The plaintiffs' claims are false," Burger King said successful a connection connected Tuesday. "The flame-grilled beef patties portrayed successful our advertizing are the aforesaid patties utilized successful the millions of burgers we service to guests crossed the U.S."

Anthony Russo, a lawyer for the plaintiffs, said helium was pleased with the decision.

A akin suit against Subway is pending successful the Brooklyn court.

The lawsuit is Coleman et al v Burger King Corp, U.S. District Court, Southern District of Florida, No. 22-20925.

(Reporting by Jonathan Stempel successful New York; Editing by Mark Porter and Bill Berkrot)