Burger King Class Action Lawsuit for Whopper Misrepresentation

Burger King faces a class action lawsuit accusing the restaurant chain of false advertising regarding their flagship Whopper sandwich. This case further expands the series of legal challenges faced by other fast-food powerhouses, including McDonald’s, Wendy’s, and Arby’s for similar concerns, all of which The Russo Firm has filed.

Read the Burger King Lawsuit Filing

Burger King Lawsuit Background

  • Filed in March 2020, the lawsuit alleges that Burger King falsely represented the size of its signature Whopper sandwiches in its advertisements.
  • According to the lawsuit, Burger King’s promotional materials showcased Whoppers appearing nearly twice their actual size. When served to customers, these burgers are purportedly 35% smaller than what is advertised.
  • The lawsuit mentions, “Burger King advertises its burgers as large burgers compared to competitors, boasting oversized meat patties and ingredients that overflow over the bun.”
  • The lawsuit specifically calls out the inconsistency: “While the Whopper’s size appeared larger in ads, the actual beef or ingredients in the Whopper served to customers did not increase correspondingly.”
whopper as advertised compared to actual whoppers
Images from Reddit, from top to bottom: r/todayilearned, r/de, r/Transformemes, r/shittyfoodporn

Plaintiffs’ Claims about Burger King’s False Advertising

Represented by Florida attorney Anthony Russo, the plaintiffs come from multiple states including Florida, New York, Illinois, Massachusetts, and others. Their grievances highlight:

  • A sense of disappointment after receiving the products, claiming a distinct difference between the burger’s portrayal in advertisements versus reality.
  • An assertion that they wouldn’t have bought the items if they knew the real product differed from the advertised images.

Burger King’s Defense

Burger King has denied the accusations and sought the case’s dismissal (which was recently refused). Their key defenses include:

  • BK claims that there is a general awareness among reasonable consumers that food advertisements are stylized to enhance their visual appeal.
  • Burger King says it makes that clear the beef quantity in its Whopper refers to the precooked patty.

Judge’s Verdict on Burger King Lawsuit

U.S. District Judge Roy Altman gave a mixed ruling. While he agreed to dismiss the lawsuit’s components regarding Burger King’s TV and online advertising potentially misleading customers, he allowed the claims of negligent misrepresentation, breach of contract, and unjust enrichment to proceed.

In Judge Altman’s words, the determination of whether the difference between the received and advertised products could sway purchasing decisions should be left to the consumers.

Post-judgment, Burger King firmly responded, stating: “The plaintiffs’ claims are false. The flame-grilled beef patties in our advertising are the same we serve nationwide.”

Fast-Food Lawsuits Trends

The Burger King lawsuit is a continuation of recent legal challenges against chain restaurants. Examples include a class action against McDonald’s and Wendy’s for similar claims to Burger King, and a Chicago lawsuit against Buffalo Wild Wings over its “boneless wings.”

Article written or reviewed by:

Attorney Anthony Russo

Attorney Anthony Russo

Managing Partner and Lawyer at The Russo Firm

No-Cost Case Evaluation