Due to claims that its Whoppers are too small, Burger King must defend itself in court

Burger King’s request to have a lawsuit against it dismissed on the grounds that it deceived hungry customers by making its Whopper sandwich appear larger than it actually is was denied by a U.S. judge.

Burger King must contest an allegation that its depiction of Whoppers on in-store menu boards misled reasonable customers and constituted a violation of contract, according to U.S. District Judge Roy Altman in Miami.

Customers in the proposed class action of advertising its burgers as having toppings that «overflow over the bun,» giving the impression that they are 35% larger and have twice as much meat than the restaurant actually offers.

A division of Restaurant Brands International, disagreed and said it was not compelled to serve burgers that were «exactly like the picture,» but the court instructed the jury to «tell us what reasonable people think.»

A similar lawsuit is being fought by McDonald‘s and Wendy’s in federal court in Brooklyn, New York. On Monday, the plaintiffs’ attorney there used Altman’s opinion to support keeping the case open.

Yum Brands subsidiary Taco Bell was sued last month in a Brooklyn court for allegedly selling Mexican pizzas and Crunchwraps that only have half the content that is said to be inside.

Damages in each lawsuit total at least $5 million.