Burger King Faces Lawsuit Over Whopper Ads Showing Bigger Burgers Than Delivered

Burger King is heading to court after a federal judge ruled that the fast food giant must face a lawsuit accusing it of misleading customers by exaggerating the size of its Whopper and other menu items in advertisements.

The lawsuit, filed by 19 consumers from 13 U.S. states, claims that Burger King's promotional materials—both in-store and online—depicted burgers that are significantly larger than what customers actually received. The Whopper, in particular, is at the center of the dispute, with plaintiffs alleging it appeared up to 35% bigger in ads and was shown containing more than twice the actual meat content.

Burger King must face a lawsuit claiming it misleads customers with advertisements that make its Whopper sandwich and other products appear larger than they are. https://t.co/1NYH0eLdM0 — Reuters Legal (@ReutersLegal) May 6, 2025

In a ruling issued Monday, U.S. District Judge Roy Altman in Miami said that the claims raised in the proposed class action were strong enough to move forward. He wrote that it was “plausible” that a reasonable customer could be misled by how the food was presented in Burger King’s advertising.

Burger King acknowledged that its marketing images are professionally styled to look more appealing, but argued that most people understand such photos are not exact representations of the real product. The company maintains that visual enhancements are a common advertising practice and shouldn’t be interpreted as deception.

But the court wasn't convinced. Judge Altman said the lawsuit describes exaggeration beyond typical marketing puffery and noted that Burger King allegedly began depicting larger versions of its food in ads after 2017. He also pointed out that this case differs from a similar lawsuit involving McDonald’s and Wendy’s that was dismissed in 2023, as Burger King's alleged overstatements were more extreme and systematic.

The plaintiffs’ attorney, Anthony Russo, welcomed the decision, saying that consumers deserve honesty, especially when marketing visuals influence purchasing decisions. “This is about fairness in advertising and setting a standard for what companies can and can’t do when promoting food products,” Russo said.

Burger King, owned by Restaurant Brands International—which also operates Tim Hortons, Popeyes, and Firehouse Subs—has not publicly commented on the ruling. The case will now proceed to the next phase, where the court will determine whether the company broke consumer protection laws.

The lawsuit, titled Coleman et al v. Burger King Corp., is being heard in the U.S. District Court for the Southern District of Florida under case number 22-20925. A similar lawsuit against Subway, involving sandwich size claims, is still pending in a New York federal court.

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