Burger King sued by customers who claim Whopper is smaller than advertised (2024)

The Whopper may be, well, only somewhat of a whopper — at least in real life, alleges a new class action lawsuit. Four Burger King customers are suing the chain over its marketing, claiming that the company makes the burger look about 35% bigger in its advertising than it is in reality.

The plaintiffs in the lawsuit, which was filed on March 28 in the U.S. District Court for the Southern District of Florida, are seeking monetary damages for anyone who was "deceived" by Burger King's advertising, although the filing doesn't name a monetary target.

"Burger King does not comment on pending or potential litigations," a Burger King spokesperson said in an emailed statement sent to CBS MoneyWatch.

Deceptive ads?

The lawsuit alleges deceptive trade practices, with the filing claiming that Burger King started to "materially overstate the size of its burgers" in ads beginning in 2017. While the marketing images of the Whopper may have grown bigger, the "recipe or the amount of beef or ingredients contained in Burger King's Whopper has never changed," the lawsuit claims.

The class-action lawsuit alleges that Burger King's size inflation doesn't stop at the Whopper, noting that ads also overstate the size of menu items like the Impossible Burger, the Big King and the Bacon Double Cheeseburger, among other items.

It also asks that Burger King either stop selling the "overstated menu items" or change its advertisem*nts.

The filing points to YouTube and social media comments about Burger King's food items, with some food bloggers complaining about the difference between the advertising copy and the reality of the food. To be sure, the food industry is known for lovingly portraying their products in advertisem*nts, making food look juicier in commercials than it might be on the plate.

But the lawsuit claims the issue has more importance given the highest inflation in 40 years and the pressures on consumers' budgets.

The issue is "especially concerning now that inflation, food and meat prices are very high and many consumers, especially lower income consumers, are struggling financially," the lawsuit said.

Burger King has been called out by authorities in the past for its advertising techniques. In 2010, the U.K.'s advertising authority told the chain that it misled viewers about the size of a chicken burger, and told the chain to stop running the spot, according to the BBC.

Aimee Picchi

Aimee Picchi is the associate managing editor for CBS MoneyWatch, where she covers business and personal finance. She previously worked at Bloomberg News and has written for national news outlets including USA Today and Consumer Reports.

Burger King sued by customers who claim Whopper is smaller than advertised (2024)

FAQs

Is Burger King sued by customers who claim Whopper is smaller than advertised? ›

The suit claims that Burger King made Whoppers appear twice as large as they actually are in advertisem*nts, while the actual burgers served to customers are 35% smaller than those marketed.

Is the Whopper smaller than advertised? ›

The false advertising lawsuit accuses the fast-food chain of misrepresenting the size of its Whopper sandwiches in advertisem*nts. More specifically, the claim argues that the pictures of the signature burger (The Whopper) in advertisem*nts include nearly 35 percent more meat than is actually served.

What is the Burger King lawsuit about burger size? ›

The class action lawsuit against Burger King alleged that the Whopper was made to look 35% larger, with more than double the amount of meat compared to what was actually served to customers.

Did Burger King burgers get smaller? ›

“The plaintiffs' claims are false,” Burger King said in a statement on Tuesday. “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.” A lawyer for the plaintiffs was not immediately available for comment.

What was the outcome of the Burger King lawsuit? ›

U.S. District Judge Roy Altman gave a mixed ruling. While he agreed to dismiss the lawsuit's components regarding Burger King's TV and online advertising potentially misleading customers, he allowed the claims of negligent misrepresentation, breach of contract, and unjust enrichment to proceed.

Did Burger King win the lawsuit? ›

Burger King lost its bid to dismiss a lawsuit that accused the burger joint of exaggerating the size of its popular Whopper offering.

What is the fake Whopper called? ›

The Impossible Whopper patty is 0% beef. It is made without any ingredients from animal sources but is still cooked on the same broiler that makes the beef Whopper patties. If you would like a non-broiler version of the Impossible Whopper, then our team members will microwave the patty and remove mayo from the build.

Which is better Big Mac or Whopper? ›

The Big Mac was at a major disadvantage in this taste test because of the overpowering amount of special sauce. But even if there was less sauce on my Big Mac, it still wouldn't have won. McDonald's dry, small patties are simply no match for the flavorful and juicy grilled patties that Burger King uses.

What is the McDonalds equivalent to a Whopper? ›

The Big N' Tasty is a hamburger sold by the international fast food chain McDonald's. It is designed to compete with the Whopper sandwich.

Is Burger King Whopper real beef? ›

100% BEEF. Our beef patties are made with 100% beef with no fillers, no preservatives, no additives, no nonsense. We also make our flagship product, the WHOPPER® Sandwich, with 1/4 lb* of savory flame-grilled beef.

What is the Burger King lawsuit about? ›

Is Burger King selling you a Whopper of a tale? A juicy class action lawsuit filed in March 2023 alleges that the fast-food chain's signature hamburger contains 35% less meat than the company's ads suggest.

Why are people suing Burger King? ›

In the Burger King case, plaintiffs in multiple states sued in March 2022, claiming that advertisem*nts and photos on store menu boards show burgers that are about 35% larger __ with double the meat __ than the burgers they purchased.

Does Burger King use real beef? ›

Yep, just like McD's, Burger King uses 100% beef patties in its Whoppers, Cheeseburgers, Rodeo Burgers, and more. Per the chain's website, at BK "beef patties are made with 100% beef with no fillers, no preservatives, no additives, no nonsense." Now, what you'll find in the Chicken Fries?

Are whoppers real chocolate? ›

WHOPPERS Candies are made of a crunchy malted milk center covered with a creamy chocolatey coating. How did WHOPPERS Candy get its name? Although we are unsure of how WHOPPERS Candy got its name, it did replace a chocolate-covered malted milk candy called "Giants", which was first introduced in 1939.

Why does Burger King burgers taste different? ›

Whoppers — and all Burger King burgers, for that matter — stand out compared to other chains given the fact that they're flame-grilled, giving their burgers a distinct smoky flavor.

Did Burger King get sued for false advertising? ›

Filled with mouthwatering legal issues, the Burger King case is one of several class action suits filed by the same law firm, including similar cases against Arby's, McDonald's, Taco Bell, and Wendy's, each alleging that the fast-food purveyors falsely represented the size of their meat-based products.

How much bigger do plaintiffs claim Burger King advertisem*nts are than the actual burger? ›

"A side-by-side comparison of Burger King's former Whopper advertisem*nt to the current Whopper advertisem*nt shows that the burger increased in size by approximately 35% and the amount of beef increased by more than 100%," the suit alleged.

Did the Whopper Junior get smaller? ›

While the service and the food were great, I was astonished to see the small size of the Whopper Jr. I love the flame broiled taste, but couldn't eat a whole Whopper.

What is the Whopper Melt lawsuit? ›

Burger King wasn't just falsely inflating their burgers. The chain overstated the size of nearly all of their menu items as of May 2022, according to court documents. These included their sandwiches like the Whopper Melt and the Fully Loaded Croisann'Which.

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