Burger King must face lawsuit claiming it falsely advertised size of Whoppers

The class action claims the fast-food chain exaggerates the size of the burgers in ads

Justin Sullivan/Getty Images

A group of customers will have a chance to settle their beef with Burger King.

A judge in Miami rejected the fast-food chain's attempt to dismiss a lawsuit that claims it tricked customers by misrepresenting the size of its signature Whoppers in advertisements.



Watch NBC10 Boston news for free, 24/7, wherever you are.


Get Boston local news, weather forecasts, lifestyle and entertainment stories to your inbox. Sign up for NBC Boston’s newsletters.

The class action lawsuit claims that Burger King showcased its Whoppers as having ingredients "overflow over the bun" and more than double the meat than the ones it actually serves.

“The plaintiffs’ claims are false,” Burger King said 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.”

Burger King said it wasn't required to produce burgers that looked identical to its ads. However, U.S. District Judge Roy Altman said jurors will be the ones to decide "what reasonable people think."

Altman limited the plaintiff's claims to in-store menu boards, dismissing ones based on online and TV ads.

A man sued McDonald's and Wendy's in May with similar accusations about the size of their burgers being misrepresented. Taco Bell was also sued earlier this month over claims that it falsely advertised the amount of beef in its Crunchwraps and Mexican pizzas.

Contact Us