Burger King Is Being Sued Over Its Whopper

First, it was Taco Bell’s Crunchwrap. Now, angry customers are after the Whopper.

The signature sandwich is under fire with accusations of false advertising, and last week, a judge ruled the class action lawsuit against Burger King through to court. 

Initially filed in 2022, the lawsuit claims the proportions of the Whopper advertised compared to the burger customers get in the drive-thru are way out of whack, exaggerated by a whopping 35%.

In the case, the plaintiff claims Burger King “materially overstates the size of (and the amount of beef contained in) many of its burgers and sandwiches,” dating this issue all the way back to September 2017.

The filing goes on to accuse BK of “overstating the size of nearly every menu item in its current advertisements.” 

Basically, customers are finally sick and tired of seeing massive, meaty Whoppers in TV commercials and online ads, only to be let down when they sit down to dine. 

Believe it or not, several other major fast-food chains (Wendy’s and McDonald’s) are facing legal trouble for the same offense. 

Class action cases have been rattling the food industry in a major way this year, bringing down Buffalo Wild Wings’ ‘boneless wings’ stunt and going after Beyond Meat's “deceitful” branding tactics.

Burger King asked the judge to dismiss the case, arguing it's not required by law to sell burgers that look exactly like the advertisements, but US District Judge Roy Altman is leaving it to the jurors to determine “what reasonable people think on the subject.” 

It’s interesting to note the judge signed off on some parts of the lawsuit proceeding, but not others: specifically any claims pertaining to TV and online ads or accusations of the company violating consumer protection laws. 

However, print ads are still relevant, so photos shown right on the BK menu will be under consideration for negligent misrepresentation and unjust enrichment.

Is it wrong for Burger King to make their food look as delicious as possible? Well, maybe, if it means the burger joint is wrongly influencing your choices and buying habits.

So, what will come out of all this fast food confusion (and what's in it for us)? Hopefully, a payout to customers who have been served a disappointing Whopper, or, even better, a future with beefier burgers.