PULSE POINTS:
❓What Happened: A federal judge ruled that a class action lawsuit against Burger King for allegedly misleading advertising can proceed. The plaintiffs allege that the fast food chain misrepresents the size of its burgers in its advertisements.
👥 Who’s Involved: U.S. District Court Judge Roy K. Altman, Burger King, and 19 customers from 13 states.
📍 Where & When: Florida, with the ruling handed down on Monday, May 5, 2025.
💬 Key Quote: Judge Altman noted the plaintiff’s claims “go beyond mere exaggeration or puffery.”
⚠️ Impact: The federal court ruling will allow the lawsuit to proceed, potentially affecting Burger King’s advertising practices. Similar legal actions against McDonald’s and Wendy’s were dismissed late last year.
IN FULL:
A federal judge will allow a class action lawsuit against Burger King to move forward, with plaintiffs claiming the fast food giant misrepresents the size of its Whopper cheeseburger in advertisements. U.S. District Court Judge Roy K. Altman, presiding over the case in Florida, determined that there is “some” merit to the argument that Burger King’s ads made their burgers appear larger than they are in reality.
The lawsuit, initiated in 2022, involves 19 customers from 13 states. These plaintiffs allege that the advertised burgers appeared approximately 35 percent larger and were shown to contain more than twice the meat of the actual product received. The plaintiffs provided side-by-side images comparing the vibrant, appealing advertisements to the less impressive burgers they received.
Judge Altman rejected Burger King’s attempt to dismiss the case, stating that the allegations “go beyond mere exaggeration or puffery.”
“The plaintiffs’ claims are false,” a Burger King spokesman commented, maintaining that the flame-grilled beef patties shown in advertisements are identical to those served to customers across the United States. Notably, similar lawsuits filed against McDonald’s and Wendy’s were dismissed last September.
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