The brand is accused of making its trademark burger appear 35% larger in ads and on menu boards.
Size matters. Burger King is being sued for exaggerating the size of its Whopper burgers in advertisements and on menu boards.
A lawsuit in the United States states the QSR giant makes its burgers appear 35% larger than they are in real life. A US judge, as per Reuters, has dismissed Burger King’s bid to dismiss the lawsuit.
Burger King countered that it wasn't required to deliver burgers that look "exactly like the picture," but the judge said it was up to jurors to "tell us what reasonable people think," Reuters reported.
Judge Altman also let the customers pursue negligence-based and unjust enrichment claims, and dismissed claims based on TV and online ads, finding none in which Burger King promised a burger "size," or patty weight, and failed to deliver it.
Burger King in a statement said, “The plaintiffs' claims are false. 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."
McDonald's and Wendy's are defending against a similar lawsuit in the Brooklyn, New York federal court. Taco Bell was sued for a similar charge in July 2023.
Each lawsuit seeks at least $5 million in damages.