Judge Says Most Burger King Customers ‘Could Be Deceived’ by its Ad Photos
A judge has ruled that most reasonable customers “would be vexed” by Burger King’s ad photos, which allegedly made the Whopper look bigger than what they were served up in reality.
Last week, a federal judge Roy Altman ruled that a group of Burger King customers can proceed with a lawsuit over the size of its burgers in ad photos and denied the fast food chain’s motion to dismiss the case.
Burger King Photographers Just ‘Style Sandwiches More Beautifully’
A South Florida lawyer representing the plaintiffs named Anthony Russo filed a lawsuit against the global fast-food restaurant chain for misleading customers by misrepresenting the size of its burgers in images by making them look bigger. Russo says that Burger King’s ad photos show burgers that are “approximately 35% larger in size” and contain more than double the actual amount of meat.
According to food news outlet Delish, Burger King admitted that its photographers “styled sandwiches more beautifully” than a restaurant worker would. But the fast-food chain asserts that “reasonable consumers know the point of menu board photos is to make items appear as appetizing as possible” and asked the court to dismiss Russo’s case.
Burger King Ad Photos ‘Go Beyond Mere Exaggeration’
However, U.S. District Judge Joy Altman, who was presiding over the dismissal case, ruled that Burger King’s ad photos “go beyond mere exaggeration or puffery” and that “most reasonable consumers would be vexed” by the difference in the food they were served by the restaurant chain in real life.
The judge says that the case, which was originally brought by 19 customers from 13 different states, must move forward.
“After careful review — and drawing all reasonable inferences for the Plaintiffs — we find it plausible to believe that some reasonable consumers could be deceived by [Burger King Corporation] BKC’s advertisements,” Judge Altman says.
“Each of our Plaintiffs purchased BKC products at Burger King stores in their home states, and each came away disappointed by the incongruity between what they received and what they expected based on BKC’s advertisements.”
Judge Altman drew a clear contrast between this case against Burger King and another suit filed against McDonald’s and Wendy’s ad photos — one that a federal judge in Brooklyn tossed out in September 2023. According to Judge Altman, Burger King’s promotional images are far more extreme, and the Whopper appears noticeably larger in ads released after 2017.
Russo says that the plaintiffs are happy with the judge’s ruling and are ready to move forward with the case. The plaintiffs are asking for monetary damages for all Burger King customers allegedly “deceived” by the burgers marketed in the fast-food giant’s advertising. Burger King denies the claims made in the lawsuit.
“The plaintiffs’ claims are false,” a spokesperson for Burger King says in a statement on Tuesday. “The flame-grilled beef patties portrayed in our advertising are the same patties used in the millions of burgers we serve to guests across the U.S.”
Image credits: All photos via Coleman v. Burger King complaint
