A federal court in the United States has halted efforts to bring a nationwide class action against Burger King, narrowing the scope of a lawsuit that accused the fast-food chain of overstating the size of its signature Whopper burger in advertisements. The ruling, issued by Judge Roy Altman in Miami, sharply limits the damages the plaintiffs can pursue and removes the possibility of a unified national case.
The complaint had been filed by 19 customers from 13 states who argued that Burger King’s promotional images exaggerated the size of several menu items. They said the Whopper, in particular, was presented as significantly larger than the product served in restaurants, with patties that appeared to spill out of the bun and look more substantial than reality. The plaintiffs described these depictions as misleading and material to consumer decision-making.
Judge Altman, in his order, said the case could not move forward as a single nationwide class because consumer protection laws vary widely from state to state. He added that proving harm would require an examination of each customer’s individual experience, including what photograph they saw, where they purchased the burger, when they bought it and the amount they paid. This, he said, made a collective proceeding unworkable.
Altman noted that even if the customers believed their burgers were smaller than advertised, the core issue remained highly individualized. Prices for Burger King menu items have also fluctuated over time, further complicating efforts to treat the group as a single class.
Burger King welcomed the decision and reiterated that its advertising portrays the same flame-grilled patties served in its restaurants. Similar lawsuits have surfaced in recent years, including a case in New York involving McDonald’s and Wendy’s, which was dismissed in 2023.
Burger King is owned by Restaurant Brands International, which also operates Tim Hortons, Popeyes and Firehouse Subs.
