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Burger King to defend Whopper ads in federal court after customers sue for fraud

  • Nineteen customers from 13 states filed a proposed class action accusing Burger King of overstating the size of menu items in post-2017 in-store and online ads.
  • The lawsuit arose after customers alleged Burger King’s advertisements depicted Whoppers with meat and ingredients overflowing the buns, making them appear about 35% larger than reality.
  • U.S. District Judge Roy Altman determined that there is a credible possibility that certain average consumers could be misled, and he emphasized that the claims extend beyond simple exaggeration or promotional hype.
  • Burger King acknowledged styling sandwiches more attractively than in restaurants but said the beef patties shown are the same as those served and called the plaintiffs’ claims false.
  • As Burger King must defend the case in federal court, the decision suggests ongoing scrutiny of food advertising accuracy and potential implications for similar lawsuits against other chains.
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Portfolio.hu broke the news in on Tuesday, May 6, 2025.
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