THE legendary Burger King Whopper has been scrutinized for lacking in the size department.

Claims that the fast-food restaurant falsely advertised the sandwich and misled customers have led to a proposed class action lawsuit.

Burger King attempted to dismiss the suit, but US Judge Roy Altman rejected the company’s request last week.

The company will now have to defend against claims that the burger chain made the Whopper sandwich appear 35 percent larger on in-store menu boards than it really is.

Customers in the proposed class action lawsuit also complained that the Burger King ads show ingredients that “overflow over the bun” with double the amount of meat than they actually receive on the sandwich.

According to the company’s website, the Whopper is made with a quarter pound of savory flame-grilled beef and topped with tangy pickles, ketchup, fresh tomatoes, crisp lettuce, and fresh onions.

The plaintiffs are requesting monetary damages fully compensating all individuals who were deceived by defendant as a result of purchasing the overstated menu items.

The exact amount of desired compensation has not been released.

Burger King could also be required to provide corrected advertising or discontinue overstated menu items.

The fast-food company has defended its marketing, noting that they are not required to serve burgers that are “exactly like the picture.”

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“Food in advertisements is and always has been styled to make it look as appetizing as possible,” representatives for Burger King wrote in response to the complaint.

“That is hardly news; reasonable consumers viewing food advertising know it innately. This lawsuit unreasonably pretends otherwise.”

The judge has expressed that public opinion will have a sway, and it would be left up to jurors to “tell us what reasonable people think.”

Altman’s decision will allow customers to pursue negligence-based and unjust enrichment claims but not claims based on TV and online ads.

The judge did not identify an occasion when Burger King promised the Whopper to be a specific size or weight and failed to deliver.

Earlier efforts to mediate a settlement proved unsuccessful, according to a report by Reuters.

Rival restaurants, including Wendy’s and Taco Bell, have faced similar suits in recent months, with customers citing exaggerated size of servings.

In a statement provided to The U.S. Sun, a representative from the company defended the famed sandwiches.

“The plaintiffs’ claims are false. 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 Burger King spokesperson said.