The class action lawsuit alleges the fast food chain shows the burger with a meatier patty and ingredients that “overflow over the bun”. It also alleges the Whopper was made to look 35% larger, with more than double the amount of meat compared to what was actually served to customers.
Burger King has denied the allegations. The company has previously argued that it was not required to deliver burgers that look “exactly like the picture”.
US District Judge Roy Altman said it should be left to jurors to “tell us what reasonable people think”. But he dismissed claims that Burger King misled customers with its television and online advertisements.
“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,” a Burger King spokesperson said in a statement after the ruling.
The Burger King website describes the Whopper as “the burger to rule them all”, that contains a “real meaty” beef patty, and other ingredients.
Fast food chains McDonald’s and Wendy’s are also facing a similar lawsuit in the US, accusing the companies of unfair and deceptive trade practices.
The lawsuit alleged that McDonald’s and Wendy’s burgers in marketing materials were at least 15% larger than they were in real life.
Meanwhile, earlier this year, Taco Bell was sued in the US for selling pizzas and wraps that allegedly contained half the filling that was advertised.
The Independent has contacted Burger King for comment.