Class-action lawsuit accuses Burger King of false advertising over size of Whopper

MIAMI — A lawsuit filed in south Florida accuses fast-food giant Burger King of “false and misleading advertising” when it comes to its signature hamburger.

>> Read more trending news

In the complaint, attorneys argue that Burger King has been overstating the size of not only its burgers in advertisements since 2017, but say that “Burger King materially overstates the size of nearly every menu item in its current advertisements.”

Burger King lawsuit by National Content Desk on Scribd

The lawsuit is asking not only for damages for the plaintiffs in the suit and anyone else who was deceived by Burger King’s advertising, but is also asking for the company to change the photos it uses for advertising, Food and Wine reported.

The lawsuit points to fast-food critic John Jurasek, who criticized Burger King’s Big King burger in a YouTube video. In the video, Jurasek says, “The picture (in Burger King advertisements) makes you think that this thing is like two pounds or something, that it’s going to be this massive, massive, sandwich … it’s not that big. For six bucks, the size is a little disappointing.”

The lawsuit also points to other customers on social media who have posted photos of food they received from Burger King that was “disappointing.”

A spokesperson for Burger King, when contacted by Food and Wine, refused to comment, saying the company “does not comment on pending or potential litigations.”

The lawsuit also references a decision by the United Kingdom’s advertising regulator, the Advertising Standards Authority, to order Burger King to “stop advertising overstated burgers” in 2010. At the time, the ASA purchased three burgers and found their size to be “considerably less” than in the ad, BBC reported at the time.