Court Rules Burger King Can Be Sued for Misrepresenting Whopper Size

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A Florida court denied Burger King its bid to dismiss class-action lawsuit accusing the fast-food chain change of misrepresenting the size of its trademark “Whopper” hamburger.

U.S. District Judge Roy Altman of Miami ruled on Aug. 23 that parts of the proposed lawsuit against Burger King could proceed.

In Coleman et al. v Burger King Corp., U.S. District Court, Southern District of Florida, No. 22-20925, the plaintiffs accuse the burger chain of exaggerating the size of the hamburger, according to court documents.

Attorneys for the plaintiffs claimed that Burger King defrauded customers by making its Whopper sandwich appear visually larger than it actually was.

Earlier efforts to mediate a settlement proved unsuccessful.

Burger King Accused of False Advertising

Burger King must now defend against the claim that the depiction of Whoppers on its in-store menu and advertisements misled customers, which amounted to a breach of contract.

The plaintiff accused Burger King of visually portraying the hamburger with ingredients that “overflow over the bun.”

The burger company allegedly depicted Whoppers as appearing 35 percent larger than they actually were and also contained less than half the meat than advertised.

Burger King, which is a unit of Restaurant Brands International, said it was not required to deliver burgers that look “exactly like the picture.”

In the original motion to dismiss, the burger chain’s legal team stated that exaggeration is an inherent part of the advertising business.

“Food in advertisements is and always has been styled to make it look as appetizing as possible,” attorneys for Burger King wrote.

“That is hardly news; reasonable consumers viewing food advertising know it innately. This lawsuit unreasonably pretends otherwise.”

However, Judge Altman rejected that and said it was up to jurors to “tell us what reasonable people think.”

The Epoch Times reached out to Burger King for commented received one:

Same Attorneys Involved in Related Fast-Food Lawsuits

The judge further ruled that customers were allowed to sue the company for unjust enrichment, in addition to the violation of consumer protection laws.

However, he dismissed the plaintiff’s claims that Burger King’s TV and online ads were misleading, since the company never actually promised a particular burger size or weight in its digital marketing campaigns.

Although the plaintiff did not provide an amount, the suit is requesting “monetary damages fully compensating all individuals who were deceived by [Burger King] as a result of purchasing [its] overstated menu items.”

“The plaintiffs’ claims are false,” Burger King said in an Aug. 29 press statement.“The flame-grilled beef patties portrayed in our advertising are the same patties used in the millions of Whopper sandwiches we serve to guests nationwide,” a spokesperson for Burger King told The Epoch Times.

Meanwhile, other fast-food chains, like McDonald’s and Wendy’s, are facing similar lawsuits on actual portion size.

Wendy’s is facing an ongoing class-action lawsuit after it was sued last year in federal court in Brooklyn, New York, over burger size.

“Defendants’ actions are especially concerning now that inflation, food, and meat prices are very high and many consumers, especially lower-income consumers, are struggling financially,” according to the complaint.

The plaintiff’s lawyer for that case later cited Judge Altman’s opinion to justify the lawsuit this week.

Last month, Taco Bell was sued in the same Brooklyn court for similarly exaggerating the amount of meat in its Mexican Pizza, Veggie Mexican Pizza, Crunchwrap Supreme, Grande Crunchwrap, and Vegan Crunchwrap.

The food items allegedly contain less than half the filling as advertised, and the plaintiffs in those lawsuits are being represented by the same lawyers involved in the class action against Burger King.

Each lawsuit seeks at least $5 million in damages.

Reuters contributed to this report.