Skip to content

This Major Fast-Food Chain Is Being Sued For Its Burgers

Do the chain's burger ads constitute consumer fraud?

Burger King is being accused of consumer fraud in a new lawsuit that claims the chain uses false advertising to lure in hungry customers. The misrepresented goods in question? Just about every major burger and sandwich on the current Burger King menu.

The class-action lawsuit was filed last week in the U.S. District Court in Southern Florida and accuses the chain of "overstating" the portion sizes of a number of its popular sandwiches—including the Whopper and King lines, the Croissan'Wich, and the Double Sausage Sandwich, among others. The suit was filed by a group of four plaintiffs from Florida and New York.

For more, check out 8 Fast-Food Chains With the Most Toxic Food Packaging.

Accusing Burger King of "false and misleading advertising," plaintiffs even provide an estimate of the exact difference in size between the chain's actual burgers and its burgers-as-marketed: 35%. Since at least September 2017, Burger King has misled customers with advertisements for burgers that appear to "overflow over the bun," the suit alleges. It goes on to estimate that the burgers depicted in the fast-food giant's promotional ads are 35% bigger than the real thing, and contain "more than double the meat."

Based on Burger King's "overstated menu items," the plaintiffs are suing the burger chain for "breach of contract, negligent representation, and unjust enrichment." In addition to damages, the plaintiffs are seeking a court order for Burger King to stop misrepresenting the size of its burgers and sandwiches.

The suit has not yet been granted class-action status, but it seeks to represent anyone who believes they were misled by Burger King's advertising since September 2017. At least 100 plaintiffs have already joined in.

Burger King has not yet released a statement about the lawsuit, with a company spokesperson telling FOX Business that Burger King "does not comment on pending or potential litigations." The chain faced another class-action lawsuit over a burger in 2019 when it was taken to court for misleading customers about its Impossible Whopper.

Owen Duff
Owen Duff is a freelance journalist based in Vermont, home of Ben & Jerry’s. Read more about Owen