Consumers Allege Burger King Falsely Advertises Size of Whopper, Other Menu Items

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A proposed class action alleges Burger King has falsely and misleadingly advertised the size of nearly all of its menu items since at least September 2017.

The 26-page complaint, filed in Florida’s Southern District Court on March 28, says that Burger King materially overstates the size of its burgers by as much as 35 percent, and falsely depicts the foods as containing, for example, oversized meat patties and ingredients that overflow the bun. 

According to the suit, the size of the Whopper has noticeably increased in Burger King’s advertisements even though the recipe or amount of beef in the product has never changed. The case claims that consumers who bought the falsely advertised products have been financially harmed. 

“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 lawsuit reads, contending that Burger King’s alleged conduct is “especially concerning” in light of high food and meat prices caused by inflation. 

The case claims that the menu items Burger King misleadingly advertises include the Impossible Whopper, Big King, Single Quarter Pound King, Bacon King, Double Whopper, Triple Whopper With Cheese, Whopper Jr., Bacon Double Cheeseburger, Double Cheeseburger, Bacon Cheeseburger, Cheeseburger, Hamburger, Whopper Melt, Bacon Whopper Melt, Spicy Whopper Melt, Breakfast Bacon King, Fully Loaded Croisann’Wich, Double Sausage, and Egg & Cheese Croissan’Wich. 

The complaint includes a side-by-side image purporting to show the difference between what customers actually receive and the Whopper that appears in Burger King’s advertisements:

Also included in the lawsuit is another image purporting to show the difference between the Big King burger customers receive and the product as it is advertised by Burger King:

The suit argues that Burger King’s oversized advertisements, which essentially promise large portions of food, steer consumers away from the restaurant’s competitors.

The case notes that 12 years ago, Burger King was ordered by the Advertising Standards Authority, the United Kingdom’s advertising regulator, to stop overstating the size of its burgers. The ASA concluded that Burger King’s ads were “likely to mislead viewers” as to the size and composition of its products, the lawsuit says. 

The lawsuit looks to cover all persons or entities in the United States who purchased any of the menu items Burger King allegedly overstated the size of in its advertisements between September 1, 2017 and the date of final disposition in the lawsuit.

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