Overview

• U.S. District Judge Roy Altman ruled that Burger King must face a lawsuit alleging its Whopper ads mislead consumers by overstating size and meat content.
• The lawsuit, filed in 2022 by 19 customers from 13 states, claims Whopper ads depict patties 35% larger with double the meat compared to what is served.
• Judge Altman found the allegations plausible, distinguishing the case from similar lawsuits against McDonald’s and Wendy’s that were dismissed in 2023.
• Burger King argues that its advertising uses the same beef patties served to customers and that stylized photos are meant to make items look appetizing.
• This case is part of a broader trend of fast-food false-advertising litigation, with a similar lawsuit against Subway still pending in a Brooklyn federal court.