Burger King is going to court for misleading burgers

It’s not the kind of Whopper Burger King wants to be associated with.

A South Florida lawyer has filed a federal lawsuit seeking class-action status alleging that Burger King has misled customers by portraying its food as being much larger compared with what it has served to customers in real life.

The suit, brought by attorney Anthony Russo, alleges Burger King began inflating the size of its burgers in images around September 2017. Before that, the suit claims, Burger King “more fairly” advertised its food products.

Today, the size of virtually every food item advertised by Burger King is “materially overstated,” the lawsuit says. Russo and the plaintiffs he is representing single out advertisements for Burger King’s trademark Whopper, saying the entire burger is 35 percent larger than the real-life version, with double the meat than what is actually served.

The suit cites as witnesses multiple YouTube users who specialize in food reviews and Twitter users who complained about their orders.

It’s not the first time Burger King has been accused of inflating food in its ads. The United Kingdom’s advertising authority cited the company 12 years ago for burgers that had height and thickness “considerably less” than what was advertised.

The suit, which seeks class-action status, demands monetary damages and a court order requiring Burger King to end what it says are its deceptive practices.

Representatives for Burger King and its parent company, Restaurant Brands International, didn’t immediately respond to an emailed request for comment.

Jonathan Maze, the editor in chief of Restaurant Business magazine, said that while lawsuits against fast-food companies like Russo’s may seem to lack merit, they can sometimes scare company executives into paying settlements “when they fear bad publicity.”

In 2020, a California judge approved a $6.5 million settlement in a class-action lawsuit filed against Chipotle over what was alleged to be a misleading non-GMO advertising campaign.

“Big or small, justice is justice, and laws are laws,” Russo said, “and just because something happens to appear in someone’s opinion to be minor doesn’t mean that it is.”

He said he was seeking greater transparency in industry advertising more broadly.

“If I’m advertising a vehicle, you don’t Photoshop it to enhance it,” he said. “Sure, maybe you shoot it in its best light, but certainly you don’t make it misleading. That’s really the basis for these kinds of lawsuits.”

8 comments

  • Christina A Borchert

    Isn’t there enough other shit going on in the world today for some jerk to sue a joint because of the size of their hamburgers, get a life

    • Marshall P. Williams

      Not the size of their hamburgers, the size of the hamburger in their pictures. Brandon is destroying our country and this doufous is worried about the size of hamburgers in a picture. GET REAL.

  • rosemary bushey

    When I see a picture of an advertised item for sale, I expect that item to be what is being advertised. Not smaller, larger, fatter or thinner. The product should be sold as advertised.

  • Guess the Attorney didn’t have enough clients or was needing $$$ so he decided to take Burger King to court over something SO STUPID…

  • Leo virgil Rowland

    Almost all food adds do not look like what you get.

  • See. Now you see my outrage when I hear people say that my s-l-e-e-k thin REAL Governor – Abrams – is obese.

  • With the shape this country is in with a completely corrupt government, worthless congress and a lying media that you can’t believe one word of what they say, and we have a clown who is really upset over the size of the picture of a burger. And worse yet — it is making headlines. Only in America but this won’t distract us from the reality of what a disaster biden and his incompetent administration is to this country.

  • The last thing they want is to have to admit to the true level of inflation we are looking at today. It has been steadily increasing since the melt down of 2008. The libs have been running cover by shrinking the size of packages and reducing the amount of food in the packages while charging the same amount of money, They are admitting the inflation only now because they can’t shrink stuff any smaller. We have been in double digit inflation since 2008, its around 30 something percent at this point,

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