Burger King Must Defend Misleading Whopper Lawsuit, Judge Rules

Fast food chain Burger King finds itself in a flame-broiled fiasco.

A U.S. judge ruled this week that a lawsuit alleging the company cheated its customers by misrepresenting the size of its Whopper sandwiches, would not be dismissed, per the chain's request. 

The ruling came from U.S. District Judge Roy Altman in Miami, Reuters reported this week. The lawsuit alleges that Whopper sandwiches on menu boards in stores mislead customers, creating a breach of contract. The suit is also pursuing negligence-based and unjust enrichment claims, Reuters reports. 

The class action lawsuit alleges that the burgers appear 35% larger on menu boards, with ingredients that "overflow over the bun". The suit also alleges that the burgers on the menu boards have "more than double" the meat that the chain actually serves. 

In its response the fast food chain argued that it didn't need to serve up food that looked "exactly like the picture". Altman, however, ultimately decided that it would be up to a jury to "tell us what reasonable people think."

In a statement, Burger King said: "The plaintiffs' claims are false. The flame-grilled beef patties portrayed in our advertising are the same patties used in the millions of Whopper sandwiches we serve to guests nationwide."

For those looking to follow along with the action at home, the docket is "Coleman et al v Burger King Corp, U.S. District Court, Southern District of Florida, No. 22-20925".

In Brooklyn, New York federal court, both McDonald's and Wendy's face similar suits, Reuters noted.