Overview

• U.S. District Judge Roy Altman ruled that claims against Burger King's advertising practices go beyond permissible puffery, allowing the case to move forward.
• Nineteen plaintiffs from 13 states allege that Burger King's Whopper ads depict burgers as 35% larger and with double the meat compared to what is served.
• The lawsuit, filed in 2022, focuses on post-2017 advertisements that plaintiffs argue materially overstate the size of menu items.
• Burger King maintains that its advertised patties are the same as those served in restaurants, claiming the ads are standard industry practice.
• The case advances to class certification and discovery, with potential implications for broader fast-food advertising practices.