Burger King will be sued for the size of hamburgers

Miami, 05/07/25 (more) .- Burger King must face A collective claim in the United States After a federal judge determined that there are plausible arguments to consider that the fast food chain I could have cheated its customers by showing larger products in your advertising compared to those that really offers in your restaurants.

The resolution was issued on Monday by Judge Roy Altman, from the Southern District of Florida, in the case Coleman et al v Burger King Corpwhere 19 consumers of 13 states They accused the company of significantly exaggerating the size of their hamburgersespecially of its flagship product, the Whoopper.

According to the plaintiffs, Burger King’s advertising images show hamburgers “overflowing” breads, which, they say, does not correspond to real products. They point out that Whopper appears up to 35 % larger in ads than in reality, and even with double meat.

The lawsuit is based on the fact that “some” reasonable consumers could be deceived by this type of representation, criterion that Judge Altman considered valid to allow the legal process to continue.

Burger King, subsidiary of the Restaurant Brands International Consortium, denied the accusations. In a statement, the company said: “The claims of the plaintiffs are false. The grilled meat hamburgers that we show in our advertising are the same that are used in the millions of hamburgers that we serve customers throughout the United States.”

The defense of the chain said Your ads are aimed at making food look more appetizingcommon practice in the industry, and that consumers understand this visual intention. In addition, they acknowledged that their photographers design the “pretty” “sandwiches for advertising purposes.

However, Judge Altman said that the accusations against Burger King “go beyond the mere exaggeration or fanfarería”, especially in relation to the ads published as of 2017. According to their argument, these would represent products in a considerably larger size than the real one, even more than in previous campaigns.

The ruling contrasts with a similar decision issued in September 2023 by a court in Brooklyn, New York, which dismissed a comparable lawsuit against McDonald’s and Wendy’s, considering that their ads were not misleading.

Anthony Russo, a lawyer who represents demanding consumers, expressed his agreement with the judge’s decision. “We are satisfied that we are allowed to move forward with this case and seek justice on behalf of consumers who feel they were deceived,” he said.

The judicial process, which is still in preliminary stage, could open the door to more litigation against companies in the food sector. In fact, a similar lawsuit against Subway for alleged inconsistencies in the size of its products is still pending in the Federal Court of Brooklyn.

Burger King, who operates more than 7 thousand establishments in the United States, must now face a trial in which it will be discussed whether its advertising practices violated consumer protection laws.