A US judge has ruled that restaurant chain Burger King must face a lawsuit alleging that it inflated the size of its Whopper burger on its menus and adverts.

According to reports by the BBC, the lawsuit accuses the restaurant chain of misleading its customers with pictures of larger burgers.

The report continued to state that the Whopper burgers offered by the restaurant had been fabricated in online and TV advertisements to appear 35% larger than what is actually served to the consumers. It also alleged that their patties were made to look meatier, with ingredients that “overflow over the bun.”

Responding to the allegation, Burger King said it wasn’t required to deliver burgers that look “exactly like the picture” and told BBC that “the plaintiffs’ claims are false.”

US District Judge Roy Altman said it was up to jurors to “tell us what reasonable people think,” but dismissed claims that the restaurant company misled customers with its television and online advertisements.

In a statement, 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.”

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Burger King’s business rivals such as McDonald’s and Wendy’s are said to have been facing similar lawsuits in the US.