Even with the faded coloring, that burger looks at least an order of magnitude more appealing than the last Whopper I've seen. Granted, it's probably been 10 - 15 years since I've been to or eaten food from a Burger King, and things might've changed.
Actually that's outlawed, the trickery starts surrounding what's being sold.
FTC laws state that whatever you're selling with a photo must be real in the image. To use a familiar example, if you're selling corn flakes the flakes must be real. But then it gets interesting. You can use white glue instead of milk in your bowl of flakes because you're not selling the milk, only the corn flakes."
Or they can take their time to assemble a perfect looking burger with tweezers if need be, lit and photographed or filmed by the best technicians in the ad business.
It's not a lie by legal standards, but it definitely is deceptive.