There's big news today in the world of advertisement (or more accurately, false advertisement). Burger King is in the hot seat for the size of its signature Whoppers. Back in 2022, nineteen customers across thirteen different states filed a class action lawsuit alleging that the chain was misrepresenting the size of its Whoppers in its advertisements. The plaintiffs alleged that the advertisements showcased burgers that were "approximately 35% larger in size, and contain more than double the meat, than the actual burger." Burger King filed to dismiss the lawsuit, but earlier this week, a federal judge ruled that the lawsuit can go forward.
While Burger King admitted that its photographers "styled sandwiches more beautifully" than a restaurant worker would, a spokesperson for the brand claimed, "The flame-grilled beef patties portrayed in our advertising are the same patties used in the millions of burgers we serve to guests across the U.S."
U.S. District Judge Joy Altman, who was presiding over the dismissal case, ruled that the advertisements "go beyond mere exaggeration or puffery," which allows the case against Burger King to move forward.
While a spokesperson for Burger King alleged that "the plaintiffs' claims are false," Anthony Russo, the lawyer representing the plaintiffs, stated that they are happy with the judge's ruling and are ready to move forward with the case.
Food stylists everywhere, beware!
Expertise: Food Reviews, Trends, & Science
Education: B.A. in Psychobiology from Wheaton College, MA, and M.S. in Professional Writing from New York University
About Me: Amanda Mactas is an associate editor at Delish, where she works on feature and news stories, covering everything from the launch of Whoopi Goldberg’s Prosecco line to ranking Cheetos to reporting on the links between tap water and cancer. In addition to Delish, Amanda’s work has been featured in Eat This Not That, Time Out, Women’s Health, Global Traveler Magazine, and PureWow. She also serves as an expert panelist for USA Today’s 10Best Travel Awards. When she’s not dreaming or writing about food, she’s likely catching up on the latest true crime, watching horror movies, searching for a great matcha latte, or has her nose in a book somewhere (hopefully in another country).
