Lawsuit Claims Burger King is Lying About its Whopper Size

Burger King is in legal hot water for allegedly misrepresenting the size of its iconic Whopper sandwich, according to court documents released this past Friday. U.S. District Judge Roy Altman of the Southern District of Florida has rejected the fast-food chain's request to dismiss the case. However, the judge did throw out accusations relating to Burger King's online and television advertising.

The lawsuit, proposed as a class-action, alleges that the company has committed a breach of contract by displaying its top-selling Whopper in a manner that suggests it's significantly larger than it is in actuality. According to the plaintiffs, the marketing images make the sandwich appear 35% bigger, with more than double the meat than what customers actually receive.

(Photo by Bruce Bennett/Getty Images)

Attorney Anthony Russo, who represents the consumers in this case, stated on "Good Morning America" that the lawsuit isn't about winning a large monetary settlement. Instead, the consumers are pushing for truthful advertising. "Customers simply want to know accurately what choices they have," said Russo.

Responding to these allegations, a Burger King spokesperson insisted that the claims are unfounded. "The flame-grilled beef patties portrayed in our advertising are the same patties used in the millions of Whopper sandwiches we serve to guests nationwide," the spokesperson told ABC News.

Legal analyst Channa Lloyd believes that the crux of the case lies in whether Burger King entered a contractual agreement with customers through its advertising and if the portrayal of the Whopper can be considered a reasonable exaggeration.

Attempts to reach a settlement between Burger King and the plaintiffs have so far proven unsuccessful. This lawsuit adds Burger King to a growing list of fast-food chains facing similar legal issues. Just last month, Taco Bell was sued in New York for allegedly underfilling its Crunchwrap Supremes and Mexican Pizzas, compared to what was shown in promotional materials.

Taco Bell has yet to respond to ABC News' request for comment on their case.

So, if you've been wondering about the size of your Whopper lately, especially at your favorite location in South Louisiana, you might not be alone—legal proceedings are currently underway to determine if the burger is indeed as big as it claims to be.