Burger King Defends Whoppers During Lawsuit Battle

Burger King has defended itself after a judge ruled a lawsuit about the chain's Whopper burger could continue.

Why It Matters

On Monday, U.S. District Judge Roy K. Altman in Florida ruled that a class action lawsuit alleging the chain falsely advertised the size of its burger and other menu items so that they would appear bigger than they actually are could move forward.

The judge rule: "After careful review—and drawing all reasonable inferences for the plaintiffs—we find it plausible to believe that some reasonable customers could be deceived by BKC's advertisements."

It came after 19 customers from 13 states originally sued the burger chain in 2022, alleging the advertised burgers were around 35 percent larger than the actual burger and contained more than double the meat. Burger King tried to get the case dismissed, arguing that the menu items were clearly described and that the adverts just styled the burgers "more beautifully" than in-store. But the judge rejected this argument in letting the case continue.

Other menu items the lawsuit alleges Burger King "overstates the size of" include the Impossible Whopper, Big King, Single Quarter Pound King, Bacon King, Bacon Double Cheeseburger, Hamburger, Whopper Melt, Fully Loaded Croisann'Wich and Egg, & Cheese Croissan'Wich, etc.

What To Know

A spokesperson for Burger King said in a statement to Newsweek that "the plaintiffs' claims are false."

"The flame-grilled beef patties portrayed in our advertising are the same patties used in the millions of burgers we serve to Guests across the U.S.," the spokesperson added.

What People Are Saying

Anthony Russo, a lawyer representing the plaintiffs, said in a statement Monday that the plaintiffs were "pleased" with the ruling and "are ready to move forward."

In 2022, he told Newsweek: "It's pretty clear in this day and age when truth and honesty is really the most important thing in what you're doing because anything is so verifiable. This is exactly the opposite of what they're doing. This is old-school stuff of telling you what you want to hear. [I]t's advertised as so inviting it's misleading."

The lawsuit said: "Each of our Plaintiffs purchased BKC products at Burger King stores in their home states, and each came away disappointed by the incongruity between what they received and what they expected based on BKC's advertisements."

What Happens Next

A date has not been set for the jury trial.

Meanwhile in January a Burger King employee was fired after an Ohio woman received several buds of marijuana in an order of chicken fries for her child.