Overview

• U.S. District Judge Roy Altman denied Burger King's motion to dismiss, allowing the 2022 class-action lawsuit to move forward.
• The plaintiffs allege Burger King's advertisements exaggerated the size of its Whopper, portraying it as 35% larger with more than double the meat compared to what is served.
• Burger King has defended its advertising, stating that the patties shown are the same as those served to customers, though they acknowledged stylized photography to enhance presentation.
• The judge distinguished this case from dismissed lawsuits against McDonald’s and Wendy’s, citing greater alleged misrepresentation in Burger King’s ads since 2017.
• The next steps in the legal process include class certification and discovery, where plaintiffs aim to prove their claims of consumer deception.