![](\"https:\/\/i2-prod.dailystar.co.uk\/incoming\/article30827592.ece\/ALTERNATES\/s615b\/1_GettyImages-460917646.jpg\")
<\/p>\nBurger King is being sued by unhappy customers who claim its Whopper burger is too small.<\/p>\n
The fast food chain's US branch is facing legal action over claims it makes its flagship offering appear larger on its in-store menu boards than it is in reality.<\/p>\n
Those bringing the action are accusing the firm of misleading punters by showing the burger with a meatier patty and ingredients that \u201coverflow over the bun\u201d.<\/p>\n
READ MORE: Burger King cook who never missed work gifted \u00a3320,000 after 'insult' from bosses <\/b><\/p>\n
They claim the meat treat, described as \u201cthe burger to rule them all\u201d online by the company, is made to look 35% larger.<\/p>\n
A US judge said the firm must defend against the lawsuit, which argues Burger King\u2019s depiction amounts to a breach of contract.<\/p>\n
<\/p>\n
Burger King previously argued it was not required to deliver burgers that look \u201cexactly like the picture\u201d as it tried to throw the lawsuit out of court.<\/p>\n
But Roy Altman, a US district judge in Miami, said it should be left to a jury to \u201ctell us what reasonable people think\u201d.<\/p>\n
However, he dismissed claims customers were misled by the company\u2019s TV and online advertisements.<\/p>\n
A statement released by Burger King UK said: \u201cThe reported lawsuit is in relation to Burger King US, not Burger King\u00ae UK.<\/p>\n
\u201cBurger King US has confirmed all flame-grilled beef burgers featured in advertising are the same burgers used in the iconic Whopper, served to guests all across the US.\u201d<\/p>\n
McDonald\u2019s and Wendy\u2019s are facing similar legal action in the US.<\/p>\n