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Burger King is facing a lawsuit that claims its Whopper burger appears too small on menus compared to what is offered in reality.
The fast-food giant must face up to allegations that it is misleading customers by showing a burger that boasts a meatier patty, and ingredients that “overflow over the bun”.
A judge in the case has ruled the restaurant chain now answer the claims, despite saying in a statement to the BBC that the allegations were “false”.
Similar lawsuits across the nation are also being aimed at rival chains McDonald’s and Wendy’s.
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The class action against Burger King, which has more than 6,850 restaurants in the US, said its Whopper burger was made to look 35 percent bigger than it actually was.
Previously, Burger King has argued that it is not required to deliver products that look “exactly like the picture”.
But US District Judge Roy Altman said jurors will “tell us what reasonable people think”.
He did, though, dismiss suggestions Burger King misled customers through its TV and online adverts.
Following the hearing, a Burger King spokesperson said: “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 franchise on its website says a Whopper is “the burger to rule them all” and contains a “real meaty” beef patty.
In recent months more and more fast-food chains have faced legal challenges over false advertising claims.
This year, Taco Bell was sued for allegedly only offering half the filling advertised in its pizzas and wraps.
Last year, a New York man also brought action against McDonald’s and Wendy’s.
Within the lawsuit, the man accused the two companies of “unfair and deceptive trade practices”.
It alleged the companies’ burgers were at least 15 percent in adverts compared to actual products received by customers.
