Wimpy Whopper: Burger King gets grilled with lawsuit over sandwich sizes

Fast food company Burger King was hit with a major lawsuit alleging it committed “consumer fraud” with ads relating to its sandwiches.

A 26-page class-action lawsuit was filed in the U.S. District Court in Southern Florida, with the plaintiffs arguing that they fell victim to misrepresented sandwich sizes, according to attorneys Anthony Russo and James Kelly.


“Burger King advertises its burgers as large burgers compared to competitors and containing oversized meat patties and ingredients that overflow over the bun to make it appear that the burgers are approximately 35% larger in size, and containing more than double the meat than the actual burger,” according to the filing.

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The complaint was entered into the docket on March 28, according to a report.

The goal of the legal action is to make fast food companies such as Burger King practice realistic advertising, Kelly said.

“We are ultimately seeking changes to the photos for the materially overstated menu items and fairness across the industry on the issue,” he said.

Sandwiches such as the Whopper and Croissan’wich are especially under fire.

Burger King “does not comment on pending or potential litigations,” according to a company statement, the report noted.

At least 100 individuals are named as plaintiffs in the suit, according to the complaint.

“Burger King’s advertisements for its burger and menu items are unfair and financially damaging consumers as they are receiving food that is much lower in value than what was promised,” the complaint reads.

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“Burger King’s actions are especially concerning now that inflation, food and meat prices are very high and many consumers, especially low income consumers, are struggling financially.”

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