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Burger King Faces Lawsuit Over Whopper Size

By Orgesta Tolaj


13 September 2023

burger king whopper

© Burger King Online Menu

From the flame-kissed perfection of their Whoppers to the crispy crunch of their chicken sandwiches, Burger King has long been the realm where burger dreams come true. But hold onto your fries, because there is a twist in this savory tale.

But, just when you thought it was all about the flavor, we have got a lawsuit sizzling in the courtroom that alleges Burger King might be flipping more than just their patties!

The Burger King Whopper Size Lawsuit

Burger King is facing a lawsuit in the US alleging that it falsely represents its Whopper burger as larger and more substantial on its menus than it actually is. The lawsuit claims that Burger King misleads customers by displaying the burger with a larger patty and ingredients overflowing the bun. Burger King disputes these claims, stating they are false. Similar lawsuits are also targeting McDonald’s and Wendy’s.

The class action lawsuit against Burger King asserts that the Whopper appears 35% larger with significantly more meat in its menu images compared to what customers receive. Burger King argued that it is not obligated to deliver burgers that exactly match the pictures.

burger king lawsuit
© Ismail Hadine / Unsplash

US District Judge Roy Altman ruled that it should be up to a jury to determine what reasonable people think regarding the burger’s representation. However, he dismissed claims related to Burger King’s TV and online ads, stating that the flame-grilled beef patties in their advertising match the ones served in their sandwiches.

Burger King’s website describes the Whopper as a substantial burger with a “real meaty” beef patty and other ingredients. The lawyer representing the plaintiffs did not immediately respond to a request for comment from the BBC.

Not The First Offense

Fast food chains have faced legal challenges recently over allegations of false advertising. Taco Bell was sued earlier this year in the US for reportedly selling pizzas and wraps with only half the filling advertised. In a separate case last year, a man in New York proposed a class-action lawsuit against McDonald’s and Wendy’s, accusing them of deceptive trade practices, claiming their burgers in marketing materials were at least 15% larger than reality.

In the UK, the Advertising Standards Authority (ASA) upheld a complaint in 2010 regarding a Burger King chicken burger advertisement. The burger in the ad was not as plump and lacked the advertised filling. Donna Castle from the ASA emphasized the importance of ads being truthful, not misleading, ambiguous, or exaggerating, and including all necessary information to maintain consumer trust.

As we wrap up our adventure through the world of Burger King and its iconic Whopper, we’d love to hear your thoughts! Do you think the lawsuit has merit, or is it all just a bunch of bun-derful exaggeration?

Orgesta Tolaj

Your favorite introvert who is buzzing around the Hive like a busy bee!