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Burger King Lawsuit Over Whopper Ads Moves Forward in Federal Court

A Florida judge ruled the claims of deceptive advertising are plausible, allowing the 2022 class-action lawsuit to proceed toward class certification and discovery.

Burger King sued over deceptive practices.
Burger King Whopper (Shutterstock)
Burger King to Defend Whopper Ads in Federal Court As Customers Sue for Fraud

Overview

  • U.S. District Judge Roy K. Altman denied Burger King's motion to dismiss a lawsuit alleging its advertisements misrepresented the size of Whoppers and other menu items.
  • The 19 plaintiffs from 13 states claim Burger King's ads exaggerated burger sizes by 35% and depicted double the meat compared to what is served.
  • The lawsuit focuses on post-2017 advertisements, which plaintiffs argue overstated product sizes more significantly than earlier ads.
  • Burger King has denied the allegations, stating that the same patties are used in both ads and restaurants, and called the claims false.
  • The case now advances toward class certification, potentially adding tens of thousands of plaintiffs, followed by a discovery phase to assess the claims.