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Suit claiming Burger King showed misleading photos of burgers can go forward, judge rules

  • U.S. District Judge Roy Altman ruled on May 5, 2025, in Miami that a proposed class action lawsuit against Burger King can proceed.
  • The lawsuit, filed in 2022 by 19 customers from 13 states, alleges Burger King overstated the size of menu items in-store and online advertisements.
  • Plaintiffs claim the Whopper appears about 35% larger in ads, contains more than double the meat, and features ingredients that overflow the buns beyond actual product size.
  • Judge Altman found the allegations exceed simple puffery, noting some reasonable consumers could be misled, while Burger King admitted its photos styled sandwiches more attractively than restaurant workers do.
  • This ruling requires Burger King to defend these claims in federal court, suggesting potential implications for advertising practices in fast food marketing.
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Portfolio.hu broke the news in on Tuesday, May 6, 2025.
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