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Burger King Must Face the Whopper of All Lawsuits: Customers Claim the King’s Burger Falls Short

“The Whopper didn’t get its name for being small,” goes the famous tagline for Burger King’s flagship burger. However, some customers are taking issue with this claim, alleging that the size of the Whopper is not as “whopping” as advertised.

burger king whopper

A Miami judge recently ruled that a class-action lawsuit filed by disgruntled Burger King customers can proceed, despite the fast-food giant’s efforts to have the case dismissed.

The lawsuit claims that the in-store pictures of the Whopper make it appear 35% larger than it is in real life.

The Meat of the Matter

The judge’s ruling underscores a broader debate about advertising ethics in the fast-food industry. At the heart of this case is the disconnect between consumer expectations and reality.

gree of exaggeration in the Whopper’s promotional material constitutes false advertising.

The Legal Wrangle

burger king

Burger King sought to have the case dismissed on the grounds that customers are well aware that the actual product may differ from its depiction in advertising.

However, the judge ruled that the claim merits further investigation, particularly in quantifying the alleged 35% size exaggeration.

Implications for the Fast-Food Industry

This case is more than a squabble over the dimensions of a burger patty. It has far-reaching implications for the fast-food industry, which often employs strategic lighting, professional photography, and other tactics to make menu items appear more appetizing or substantial.

If Burger King loses this lawsuit, other chains may need to reevaluate their advertising practices to avoid similar litigation.

Consumer Reaction

Burger King

Reaction to the lawsuit has been mixed. Some consumers support the plaintiffs, arguing that it is high time for fast-food chains to be more transparent about their products.

Others feel that the lawsuit is frivolous, positing that everyone knows advertisements are designed to make products look their best.


As the case heads to trial, it will serve as a crucial test for advertising ethics in the fast-food industry. If Burger King is found guilty of misrepresentation, it could set a precedent that forces fast-food chains to rethink how they market their products.

Whether or not the Whopper lives up to its name, the lawsuit certainly serves a large portion of food for thought.

For more information, visit the Reuters article here.

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Written by Brian Nagele

Brian attended West Virginia University, then started his career in the IT industry before following his passion for marketing and hospitality. He has over 20 years experience in the restaurant and bar industry.

As a former restaurant owner, he knows about running a food business and loves to eat and enjoy cocktails on a regular basis. He constantly travels to new cities tasting and reviewing the most popular spots.

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