Burger King is facing a lawsuit that alleges the company misled its customers through its advertisements.
On Monday, US District Judge Roy Altman from Miami stated that it seems reasonable to believe that “some” consumers in the class action could be misled by the fast-food chain’s ads.
Nineteen customers from thirteen different states have accused Burger King of significantly exaggerating the size of nearly all its menu items in both in-store and online advertisements.
The customers highlighted claims that burgers were depicted as “overflowing” from their buns, appearing 35% larger than they actually are, and featuring more than double the meat content.
Burger King acknowledged that the way their products are styled in photographs tends to be more appealing than what is presented in the restaurants. However, they argue that consumers generally understand that the purpose of these images is to make the items look as appetizing as possible.
Judge Altman noted that the allegations suggest Burger King’s ads go “beyond mere exaggeration or bulging.”
He differentiated this case from a similar lawsuit involving McDonald’s and Wendy’s, which a federal judge in Brooklyn dismissed in September 2023.
Altman mentioned that the product’s size was “more large” in the ads.
Burger King operates under a parent company based in Toronto, which also owns Tim Hortons, Popeyes, and Firehouse Subs.
Burger King responded to the claims by stating, “The plaintiff’s assertions are incorrect. The fire-roasted beef patty shown in our ads is the same one used in millions of burgers served to guests throughout the United States.”
Anthony Russo, the attorney representing the plaintiffs, expressed satisfaction with the judge’s decision.
Another lawsuit targeting Subway is currently pending in Brooklyn Court.
This case was filed in the United States District Court, Coleman et al v Burger King Corp, No. 22-20925.
