In a recent judicial development, US District Judge Roy Altman in Miami has determined that there is a ‘reasonable basis’ for the allegations that Burger King’s advertising strategies might mislead some consumers. This legal action involves claims from 19 customers spanning 13 different states.
The plaintiffs in this lawsuit argue that Burger King has consistently portrayed nearly all of its menu items, especially the Whopper, as larger than their actual size in both in-store and online advertisements. Notably, the Whopper is accused of being depicted as protruding beyond the bun, appearing 35% larger, and containing twice the amount of meat than what is actually served.
Company’s Admission of Enhanced Visuals
Burger King has acknowledged that its advertisements are ‘visually enhanced’ to make the products appear more appetizing. However, the company contends that a reasonable consumer would recognize these images as merely promotional in nature. Despite this, Judge Altman highlighted that the company’s advertisements have surpassed the limits of simple exaggeration or creative embellishment, potentially misleading consumers.
Judge Altman distinguished this case from similar lawsuits against McDonald’s and Wendy’s. The latter cases were dismissed in September 2023 by a judge in Brooklyn, New York. Altman pointed out that Burger King has ‘exaggerated product sizes much more’, particularly in its advertisements post-2017.
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