Burger King To Defend Whopper Ads in Federal Court as Customers Sue for Fraud

Burger King is facing legal action on a federal level. A judge has ordered the fast-food giant to face its customers in court against a class action lawsuit that alleges it engaged in fraudulent practices. Let’s look at what we know about this latest development.

Burger King Is Facing a Lawsuit Over Its Whopper Ads

According to The New York Post, Burger King is being sued for allegedly misleading consumers by inflating the size of its Whopper burger and other items in its commercials, leading to what the plaintiffs call fraudulent advertising practices. U.S. District Judge Roy Altman of Miami ruled that it was conceivable that Burger King’s advertisements could fool “some” rational consumers in the proposed class action lawsuit, which he says will be allowed to proceed.

Nineteen patrons from 13 states charged Burger King with significantly inflating the size of almost every menu item in its online and in-store advertisements.

View this post on Instagram

A post shared by Burger King (@burgerking)

They pointed to its purported depiction of burgers that “overflow” the buns, with the Whopper looking 35% bigger and having more than twice as much meat.

Burger King admitted that its photographers “styled sandwiches more beautifully” than restaurant staff. Still, the fast-food chain claimed that sane customers understand that menu board images are meant to make food seem as good as possible. Nevertheless, Altman discovered claims that Burger King’s advertisements “go beyond mere exaggeration or puffery.”

According to Altman, Burger King allegedly exaggerated the size of its items “to a much greater degree,” especially in advertisements after 2017. For example, the Whopper appeared larger than in previous advertisements.

“The plaintiffs’ claims are false,” Burger King said in a statement. “The flame-grilled beef patties portrayed in our advertising are the same patties used in the millions of burgers we serve to guests across the U.S.”

Not the First Class Action Lawsuit Against Fast Food in Recent Years

This is only the most recent class action lawsuit that fast-food giants have had to face in recent years. In December 2024, McDonald’s was hit with a class action lawsuit from customers who claimed they received an unfair surcharge for orange juice in their breakfast combo orders.

According to Top Class Actions, a Santa Monica, California-based litigation firm is defending customers who claim that the fast-food juggernaut deceptively advertises its breakfast combos with images of orange juice for a set price but then charges customers more for the juice. The plaintiffs contend that by adding a “hidden” surcharge, this approach violates consumer protection rules and causes customers to incur unanticipated costs.

The lawsuit seeks damages for affected consumers and changes to the way McDonald’s presents its morning menu in order to hold the company responsible for its pricing and advertising strategies.

Customers are supposedly only informed of the additional expenses after paying and obtaining their receipts.

According to the lawsuit, McDonald’s uses misleading advertising to convince customers that orange juice is included in the advertised price. Amber Meyers, one of the plaintiffs in the class action lawsuit, asserts that she had been eating her usual breakfast combination, a Two Sausage Egg McMuffin meal with orange juice, for nearly a year without realizing that the drink was costing her more.

“If I knew there was a surcharge for the orange juice, I wouldn’t have ordered it every time,” Meyers stated in the complaint.

Similar experiences are shared by other litigants across the country. According to Joshua Dini of Nevada and Travis Smith of Florida, the menu boards at McDonald’s deceived them into believing that orange juice was included in the quoted combo prices.