Burger King Faces Lawsuit Over Allegedly Misleading "Royal" Burger Ads

Burger King is facing a lawsuit alleging that its advertisements for the "Royal" burger mislead consumers by making the product appear larger than it actually is. The lawsuit, filed in the U.S. District Court for the Southern District of Florida, claims that the fast-food giant's marketing tactics deceive customers into believing that the "Royal" burger and other menu items are significantly larger than their actual size.

The plaintiffs, 19 consumers from 13 different states, argue that Burger King's in-store and online advertisements exaggerate the size of nearly all menu items. They point out that the burger patty in the advertisements appears to "overflow" the bun, making the "Royal" burger look 35% larger than its actual size and containing more than double the amount of meat patty in reality.

Burger King has acknowledged that its photographers style the sandwiches more attractively than restaurant staff, but maintains that reasonable consumers understand that menu photos are designed to make the products look as appetizing as possible. However, Judge Roy Altman ruled that the allegations against Burger King's advertisements go beyond mere exaggeration or puffery, distinguishing this case from a similar lawsuit against McDonald's and Wendy's that was dismissed in September 2023.

Judge Altman noted that Burger King's advertisements, particularly those from 2017 onwards, portray the "Royal" burger as significantly larger than in earlier ads. This, he argued, supports the plaintiffs' claim that Burger King has misrepresented the size of its products to a greater extent than other fast-food chains.

Burger King, part of the international restaurant brand group Restaurant Brands International, which also owns Tim Hortons, Popeyes, and Firehouse Subs, has not yet responded to requests for comment. The plaintiffs' attorney, Anthony Russo, expressed satisfaction with the court's decision, which allows the case to proceed.

This lawsuit is part of a broader trend of legal challenges against fast-food chains for deceptive advertising practices. A similar case against Subway is currently being heard in Brooklyn federal court. The outcome of these legal battles could set important precedents for the industry, potentially influencing how fast-food companies market their products in the future.

As the legal proceedings unfold, Burger King will need to carefully navigate this challenge to protect its brand and maintain consumer trust. The company's response to the allegations and any potential changes to its advertising strategy will be closely watched by industry observers and consumers alike.