Burger King is being sued by unhappy customers who claim its Whopper burger is too small.

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.

Those bringing the action are accusing the firm of misleading punters by showing the burger with a meatier patty and ingredients that “overflow over the bun”.

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They claim the meat treat, described as “the burger to rule them all” online by the company, is made to look 35% larger.

A US judge said the firm must defend against the lawsuit, which argues Burger King’s depiction amounts to a breach of contract.

Burger King previously argued it was not required to deliver burgers that look “exactly like the picture” as it tried to throw the lawsuit out of court.

But Roy Altman, a US district judge in Miami, said it should be left to a jury to “tell us what reasonable people think”.

However, he dismissed claims customers were misled by the company’s TV and online advertisements.

A statement released by Burger King UK said: “The reported lawsuit is in relation to Burger King US, not Burger King® UK.

“Burger 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.”

McDonald’s and Wendy’s are facing similar legal action in the US.

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