Judge Refuses To Dismiss Lawsuit Claiming Burger King Whoppers Are Too Small

A U.S. judge has rejected Burger King’s request to dismiss a lawsuit against the fast food giant claiming its Whopper burgers are smaller than advertised, according to Reuters.

The class action suit based out of South Florida alleges Burger King falsely portrays its Whoppers as 35 percent larger in advertisements and in-store menu boards. The suit claims Burger King shows burgers that “overflow the bun,” Reuters reported.

Burger King used to “more fairly advertise” the size of the Whopper until 2017, when they began “to materially overstate the size of its burgers in its advertisements,” the plaintiffs’ complaint alleges. (RELATED: Newest ‘Meatless’ Burger King ‘Burger’ Is Literally Just 20 Slices Of Cheese)

Burger King claims it isn’t required to serve burgers that look exactly like the pictures, but U.S. District Judge Roy Altman said it’s up to the jurors to “tell us what reasonable people think,” per Reuters.

Burger King‘s motion to dismiss the class action lawsuit was granted in part and denied in part. The company asked Altman to dismiss the case over lack of standing, which he denied, saying “we decline the Defendant’s invitation to dismiss some of the Plaintiffs’ consumer-protection claims for lack of standing — at least for now,” according to the lawsuit.

Altman’s decision, which allows the plaintiffs to pursue a breach of contract argument, also lets them pursue negligence and unjust enrichment claims, according to Reuters.