Burger King is currently facing a class-action lawsuit alleging false advertising related to its signature Whopper burger. The lawsuit, filed in 2022 and involving 19 plaintiffs from 13 different states, claims that Burger King's advertisements have depicted the Whopper as approximately 35% larger with more than double the amount of beef and ingredients than what customers actually receive. The plaintiffs argue that since 2017, Burger King's promotional materials have exaggerated the size and amount of ingredients in the Whopper, showing oversized patties and ingredients overflowing the bun, while the actual product served is significantly smaller
. Burger King denies these claims, stating that the flame-grilled beef patties shown in advertisements are the same as those used in their restaurants and that food styling in ads is a common industry practice to make items appear more appetizing. The company also argues that its menu descriptions accurately reflect the product, noting that the Whopper contains a quarter-pound beef patty
. A federal judge in Florida, U.S. District Judge Roy Altman, ruled in May 2025 that the lawsuit can proceed, rejecting Burger King's motion to dismiss. The judge found that the plaintiffs' allegations go beyond mere advertising puffery and that it is plausible that reasonable consumers could be misled by Burger King's advertisements. The ruling allows the case to move forward, particularly focusing on in-store advertising claims, while dismissing some claims related to television and online ads
. This lawsuit is part of a broader trend of legal challenges against fast- food chains over alleged false advertising, with similar cases filed against McDonald's, Wendy's, and Arby's
. The outcome of this case could have significant implications for marketing practices in the fast-food industry.
