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Burger King Sued for Whoppers That Aren’t Whopping Enough

Published May 12, 2025

Turns out, some customers aren’t “having it their way”—and they’re taking it to court.

Burger King is being grilled in a federal false advertising lawsuit over claims that its iconic Whopper looks way bigger in ads than in real life. A judge in Florida just ruled that the case can move forward, denying the fast-food giant’s attempt to have it tossed.

The lawsuit was originally filed in 2022 and now represents 19 plaintiffs from 13 different states. They claim the company duped them with “false and misleading advertising” about the burger’s size and ingredients.

Specifically, the Whopper is often shown in marketing materials with a patty that spills generously out of the bun and stacks of fresh toppings—but in person? Apparently, it’s looking a little... deflated.

Burger King fired back, arguing that burgers are hand-assembled and naturally vary in appearance. The judge didn’t buy that excuse—at least not enough to dismiss the case entirely.

RELATED: Which Is Healthier: Hamburgers or Hotdogs?

📏 Whopper vs. Big Mac: The Tale of the Tape

  • Whopper: One 4 oz. beef patty, sesame seed bun, tomatoes, lettuce, mayo, ketchup, pickles, onions.
  • Big Mac: Two 1.6 oz. patties, “special sauce,” lettuce, cheese, pickles, onions on a triple-layer bun.

This isn’t the first time a fast-food chain has been called out for its menu claims. In 2023, Buffalo Wild Wings got hit with a lawsuit over their boneless wings, which—spoiler alert—are basically glorified chicken nuggets made from breast meat.

Moral of the story? Don’t believe everything you see in the drive-thru display.

Would you ever sue a fast-food chain over a misleading burger?

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