Burger King is facing a class action lawsuit in the US over claims it makes its Whopper burger appear larger on its menus than it is in reality.

The lawsuit accuses the fast food giant of misleading customers by portraying burgers with ingredients that ‘overflow over the bun,’ on its in-store menus, making the product appear 35% larger than it actually is.

Burger King had previously attempted to dismiss the lawsuit by claiming that it wasn’t required to deliver burgers that look ‘exactly like the picture.’

But their claim was rejected by a US District Judge Roy Altman, who said it was up to jurors to ‘tell us what reasonable people think.’

In his decision made public on Friday, Altman also let the customers pursue negligence-based and unjust enrichment claims.

‘The plaintiffs’ claims are false,’ Burger King said in a statement on Tuesday following the ruling. 

‘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.’

Rival fast food chains McDonalds and Wendys are also facing similar lawsuits in the US. The plaintiffs’ lawyer there on Monday cited Altman’s opinion to justify letting that case continue.

Taco Bell, a unit of Yum Brands, was also sued last month for selling Crunchwraps and Mexican pizzas that allegedly contain only half as much filling as advertised.

Each lawsuit seeks at least $5 million in damages.

The case is Coleman et al v Burger King Corp, U.S. District Court, Southern District of Florida, No. 22-20925.

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