Lawsuit claims Burger King 'misleading' customers with Whopper advertisements

Class-action lawsuit filed on behalf of 3 NY residents, 1 Florida resident
Burger King 'Home of the Whopper' sign
Posted at 11:54 AM, Apr 01, 2022
and last updated 2022-04-01 14:18:26-04

MIAMI — A lawsuit filed this week claims Miami-based Burger King is advertising its signature burger that is wimpier than it is royal.

The class-action lawsuit, filed Monday in U.S. District Court in Miami, claims Burger King is deceiving customers "based on false and misleading advertising concerning the size and/or the amount of ingredients contained in said menu item."

According to the lawsuit, Burger King is using "unfair and deceptive trade practices" in how it is advertising the Whopper to its customers.

The lawsuit claims a side-by-side comparison of Burger King's current and former Whopper advertisements show that it "increase in size by approximately 35% and the amount of beef increased by more than 100%."

Burger King 'Former Advertisement' vs. 'Current Advertisement' in lawsuit
This comparison in a lawsuit alleging deceptive advertising shows Burger King's former and current Whopper advertisements.

"Although the size of the Whopper increased materially in Burger King's advertisements, the recipe or the amount of beef or ingredients contained in Burger King's Whopper has never changed," the lawsuit claims.

The lawsuit specifically focuses on the Whopper, including photographs of an actual Whopper compared to the current ads, but it also states that Burger King "overstates the size of nearly every menu item in its current advertisements."

Burger King 'Actual Whopper' vs. 'Current Advertisement' comparison in lawsuit
The lawsuit against Burger King compares an actual Whopper to a Whopper as advertised.

It also cites examples from customers who have blasted Burger King on Twitter about the perceived lack of meat.

The lawsuit also points to a 12-year-old ruling by the United Kingdom's Advertising Standards Authority in which Burger King "was ordered to stop advertising overstated burgers."

Three New York residents — Marco DiLeonardo, Matthew Fox and Madelyn Salzman — and one Florida resident — Walter Coleman — are listed as plaintiffs in the lawsuit, which states that if each of them "knew that said burgers were much smaller than advertised, he would not have purchased the burgers."

The lawsuit seeks financial restitution for the plaintiffs, along with punitive damages, and to put an end to Burger King's "deceptive behavior." It also seeks a jury trial.