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Burger King Sued for False Advertising, Misrepresenting Size of Burgers

The complaint includes quotes from Twitter users and YouTube reviewers

Fast-food giant Burger King has been sued for allegedly misrepresenting the size of its burgers in advertisements.

The lawsuit filed in the U.S. District Court in Southern Florida argues that since approximately September 2017, the company has inflated the size of its burger images.

While Burger King’s food was “more fairly” depicted before 2017, the lawsuit says almost all of the brand’s advertisements show food that is “materially overstated.”

The 26-page class-action suit argues that the advertisements are “consumer fraud.”

Attorneys Anthony Russo and James C. Kelly, who represent the plaintiffs, took specific aim at Burger King’s Whopper. Russo argues advertisements of the trademark item have double the meat than Whoppers sold in-store and show the burger as 35% larger than its true size.

“Although the size of the Whopper increased materially in Burger King’s advertisements, the recipe or the amount of beef or ingredients contained in Burger King’s Whopper has never changed,” the complaint states.

In addition to the Whopper and King burger, the complaint also lists the Egg & Cheese Croisann’Wich, the Fully Loaded Croisann’Wich, the Double Sausage sandwich, and any burgers that include bacon or cheese as misrepresented items from the chain’s menu.

“Burger King’s advertisements for its burger and menu items are unfair and financially damaging consumers as they are receiving food that is much lower in value than what was promised,” reads the complaint. “Burger King’s actions are especially concerning now that inflation, food and meat prices are very high and many consumers, especially low income consumers, are struggling financially.”

Included in the lawsuit are online reviews of Burger King items, including videos from YouTubers and comments from Twitter users saying the advertisements do not look like the purchased item.

The complaint quotes “expert fast-food critic” John Jurasek, who runs the popular YouTube channel The Report Of The Week and is known by fans as “Reviewbrah.”

“We are ultimately seeking changes to the photos for the materially overstated menu items and fairness across the industry on the issue,” said Kelly in an email to Fox Business.

There are currently four named plaintiffs, one is from Florida and three are from New York. In total, one hundred plaintiffs from across the country are included in the lawsuit.

Russo and Kelly are seeking a jury trial.

“This isn’t the first time Burger King has faced accusations about misleading advertisements,” reports WFAA. “In 2010, Britain’s advertising standards watchdog ruled a TV commercial for Burger King’s Tendercrisp chicken burger misled viewers about the product’s size and ingredients.”

The burgers’ advertisements were found to show thicker, bigger burgers than the brand was really selling to customers. 

A federal judge threw out a class-action lawsuit filed against Burger King in 2020 that accused the company of deceiving customers and misrepresenting how Impossible Whoppers, the non-meat version of the burger, are cooked. 

U.S. District Judge Raag Singhal of Fort Lauderdale, Florida, said the plaintiffs did not show that reasonable consumers were tricked into paying higher prices because of the company’s cooking methods. 

Burger King’s headquarters are in Miami, Florida. The chain is part of the Toronto-based Restaurant Brands International Inc.

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