Burger King sued over size of classic Whopper burger after US man says patties do not match advertisements

30 August 2023, 14:23

Burger King is facing a lawsuit after it was accused of making its Whopper burger appear larger on its menus than in real life.
Burger King is facing a lawsuit after it was accused of making its Whopper burger appear larger on its menus than in real life. Picture: Getty/Burger King

By Chay Quinn

Burger King is facing a lawsuit after it was accused of making its Whopper burger appear larger on its menus than in real life.

Listen to this article

Loading audio...

The class action suit claims that the Whopper pictured on Burger King menus is around 35% larger than those that are sold to customers.

The fast food giant hit back at the claims, saying "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."

Read More: Mixed reviews as Burger King releases new 'cheeseburger' with 20 slices of cheese and no meat

It told the BBC: "The plaintiffs' claims are false."

The class action suit claims that the Whopper pictured on Burger King menus is around 35% larger than those that are sold to customers.
The class action suit claims that the Whopper pictured on Burger King menus is around 35% larger than those that are sold to customers. Picture: Burger King
The plaintiffs also made the claim that the advertisements showed burgers overflowing with ingredients while the store-issue burgers were considerably less filled.
The plaintiffs also made the claim that the advertisements showed burgers overflowing with ingredients while the store-issue burgers were considerably less filled. Picture: Getty

Both McDonald's and Wendy's are also facing lawsuits regarding advertising for their products.

Burger King had attempted to have the lawsuit thrown out - arguing it is not required to deliver burgers that look exactly like the ads.

US District Judge Roy Altman rejected the attempts, saying it should be left to jurors to "tell us what reasonable people think".

The plaintiffs also made the claim that the advertisements showed burgers overflowing with ingredients while the store-issue burgers were considerably less filled.

More Latest News

See more More Latest News

Aftermath of attacks in Israel and Iran

LIVE: Israel says 'Tehran will burn' if strikes continue - as Iran warns UK and US against helping stop missiles

An investigation team inspects the wreckage of Air India flight 171 a day after it crashed in a residential area near the airport

UK investigators arrive in India as tributes pour in for plane crash victims

Iranian missile hits near Israeli Ministry of Defense in Tel Aviv

Iran threatens strikes on US, UK and France bases in region if they prevent attacks on Israel

Rory McIlroy of Northern Ireland watches his shot on the 3rd fairway during the second round of the 125th U.S. Open Golf Championship

Rory McIlroy narrowly survives cut at US Open

Due to the conflict between Israel and Iran, there are fears that petrol prices will rise again.

Higher petrol prices could hit in weeks amid soaring global oil prices

Emergency workers walk amid buildings that were damaged after an overnight strike on June 14, 2025 in Ramat Gan, Israel

Three dead and dozens injured after Iran fires retaliatory missiles at Israel

Exclusive
Denis Kopanev, 33, from London, was due to meet his friend Diego in São Paulo on Tuesday but vanished from his Airbnb

‘There’s something very odd about it’: Friends of British tourist missing in Brazil say he was ‘in good spirits’ as they fear he’s been kidnapped

A large police presence met protesters in Portadown town center this evening after a leaflet was shared on social media calling all residents of the Co.Armagh town to march on the homes of so-called Migrant gangs

Petrol bombs thrown at police during fifth night of Northern Ireland disorder

Turin, Italy. 2nd Feb, 2025. The FIFA Club World Cup trophy made by Tiffany on display at half time of the Serie A match at Allianz Stadium, Turin. Picture credit should read: Jonathan Moscrop/Sportimage Credit: Sportimage Ltd/Alamy Live News

2025 Fifa World Club Cup: How to watch as US tournament begins

A poll of 2,000 parents of school-aged children in the UK suggests around one in six (17%) parents rated the toilets at their child’s school as unclean.

'Like a horror movie': One in 10 parents say children avoid school over 'filthy' toilets

On Saturday evening, the annual silent walk will take place in west London to mark eight years since the blaze, followed by the reading of the names of the 72 dead, and speeches by campaigners.

Grenfell community gathers for final anniversary before tower demolition begins

Lord Victor Adebowale, chair of the NHS Confederation, who has slammed racial inequalities in the health service.

‘Black service, not NHS service’: Health leader condemns racial inequalities that failed mother

Kylie Minogue has cancelled a string of upcoming shows.

Kylie Minogue cancels string of upcoming shows as pop icon shares health update

Emma Webber, the mother of Barnaby Webber (left) and Dr Sanjoy Kumar, the father of Grace O'Malley Kumar during a memorial walk to lay flowers in Nottingham, to mark the second anniversary of their murders.

'Cover-ups' and 'mistruths' surrounding care of Nottingham attack killer, Barnaby Webber's mother claims

David Beckham has been awarded a knighthood in the King's Birthday Honours.

David Beckham receives knighthood as Strictly hosts and Luke Littler made MBEs in King's Birthday Honours

A protest against proposals for a new Chinese embassy will take place from 2pm at Royal Mint Court, near the capital’s financial district, while pro-Palestinian demonstrators are expected to gather in Parliament Square at the same time.

Demonstrators set to gather for multiple protests against Chinese Embassy and Gaza conflict in London on Saturday