Judge rejects Burger King bid to dismiss lawsuit over Whopper size

A judge rejected Burger King’s bid to dismiss a lawsuit claiming the company makes its signature Whopper appear larger than it actually is. The class-action suit claimed Burger King’s depiction of the Whopper on in-store menu boards misleads customers, amounting to a breach of contract.

The lawsuit accuses Burger King of portraying the Whopper as containing ingredients that “overflow the bun,” making the burger look 35% larger with more than double the meat. The company countered, saying it wasn’t required to deliver burgers that look “exactly like the picture.”

“The plaintiffs’ claims are false,” Burger King said in a statement on Tuesday, Aug. 30, according to Reuters. “The flame-grilled beef patties portrayed in our advertising are the same patties used in the millions of Whopper sandwiches we serve to guests nationwide.”

It’s not just Burger King being targeted with lawsuits over false advertising. McDonald’s and Wendy’s were also sued over burger sizes in 2022. On Monday, Aug. 29, lawyers for the plaintiffs in that case cited the Burger King ruling to justify letting the case continue.

In July of 2023, Taco Bell was sued over its Crunchwraps and Mexican Pizzas. Each lawsuit seeks at least $5 million in damages.

“Taco Bell does not adequately disclose the weight of the beef or filling,” Anthony Russo, a lawyer in both the Burger King and Taco Bell lawsuits, said in an email. “Plaintiff did not make any purchases of the product based on any weight disclosure but solely based on the picture of the product, as we believe most consumers do.”