The Memo: Burger King to face legal action over the size of its Whopper

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Burger King to face legal action over the size of its Whopper

Amy Howe – 4 September 2023

Burger King is being grilled over claims that portrayals of its iconic Whopper burger are, in fact, a whopper. The US class action alleges that depictions of the burger on in-store menu boards make the burger out to be 35% larger than it actually is, with a meatier beef patty, ultimately deceiving consumers and resulting in a breach of contract. The popular hamburger chain denies the claims, and there have been attempts to calm the flames that include maintaining that the beef patties used in advertising materials are in fact the same as those served to consumers.

But the defendant may not want to bite off more than it can chew… Similar lawsuits seem to be gaining traction in courts. Popular fast food chains McDonald’s and Wendy’s are also battling false advertisement claims, citing that their burgers were represented as at least 15% larger in marketing copy than they were in real life. Not too long ago, Taco Bell was also under fire for serving up pizzas and wraps that allegedly contained only half the filling that was displayed in advertising materials.

Claims revolving around breaches of contract have been as popular here in the UK as they have been in the US in recent years. As the enormous economic impact of the COVID-19 pandemic took its toll on businesses up and down the country, there was a rise in claims as companies sought to recoup some of the catastrophic declines in demand and footfall.

The judge overseeing the Burger King case has rejected the defendants bid to dismiss the case, and is turning to jurors to make a decision on behalf of the general public.