Burger King must face lawsuit over size of Whopper

STORY: A legal battle over the size of Burger King's Whopper is headed to court.

A U.S. district judge in Miami rejected the burger chain’s bid to dismiss a class action lawsuit brought by customers who say Burger King's in-store menu boards show a much bigger Whopper than what is actually served.

Specifically, Burger King is accused of portraying its signature sandwich as having ingredients that, quote, “overflow over the bun" - making it appear 35% larger overall and with more than double the meat of an actual Whopper.

Burger King, a unit of Restaurant Brands International, countered that it wasn’t required to deliver burgers that look “exactly like the picture.”

But the judge said it’s up to a jury to decide what “reasonable people” would think – and whether Burger King’s alleged actions amount to a breach of contract with its customers.

Burger King and its lawyers did not immediately respond to requests for comment. The plaintiffs' lawyer was not immediately available for comment.

Burger King is not the only fast-food chain accused of beefing up its images. McDonald’s and Wendy’s are defending against a similar lawsuit in Brooklyn, New York.

And Taco Bell, a unit of Yum Brands, was sued last month in Brooklyn for selling Crunchwraps and Mexican pizzas that allegedly contain only half as much filling as advertised.