US judge limits Burger King ‘inflated Whopper’ ad lawsuit

A US federal judge has reportedly delivered a setback to consumers suing fast-food giant Burger King over allegedly misleading advertising for its Whopper sandwiches. According to a Reuters report, the judge ruled that complaints from customers were too varied to justify a nationwide class action.

Nineteen customers from 13 US states had accused Burger King of misleading consumers by inflating the size of nearly all menu items displayed on in-store boards and online. The complaint claimed that Whoppers appeared to “overflow” the buns and looked 35% larger in advertisements, with more than double the meat shown.

However, US District Judge Roy Altman in Miami said the lawsuit could not proceed as a single nationwide class action because state consumer protection laws differ significantly. He also noted that individual claims would dominate, as customers purchased burgers in an “almost infinite variety” of shapes and sizes.

“It may be that every single one of those burgers was smaller than every single menu-board item Burger King has ever produced. But that’s not the point,” Altman said. “Each putative class member will have seen a particular photo and received a specific burger.”

The judge added that prices for Burger King products have “undoubtedly waxed and waned” since April 1, 2018 — the start of the proposed class period — meaning customers would need to prove when and where they bought their burgers and what they paid.

Altman had rejected Burger King’s attempt to dismiss the case in May, but his latest ruling sharply limits potential damages. Burger King said it was satisfied with the decision. A similar lawsuit against McDonald’s and Wendy’s was dismissed by a federal judge in Brooklyn, New York, in September 2023.

Burger King is owned by Restaurant Brands International, which also operates Tim Hortons, Popeyes, and Firehouse Subs.