A judge in a Miami Federal Court has rejected a motion by Burger King to dismiss a lawsuit against the company, which claimed that the fast food giant made its Whopper Burger appear larger on menus than it is in reality.

The lawsuit, which alleges Burger King presented a misleading depiction of the iconic Whopper burger on its menu boards inside its locations, is the latest in a series of false-advertising cases consumers are initiating against fast-food restaurant chains.

The claim alleges that in its imagry, the restaurant chain depicts the Whopper as having a meatier patty, and ingredients which “overflow over the bun,” which has the effect of making it appear 35% bigger with twice the amount of meat compared to the actual product.

A subsidiary of Restaurant Brands International, Burger King has responded that it is not required to make its burgers look “exactly like the picture.” However according to US District Judge Roy Altman’s ruling, it will be up to jurors to “tell us what reasonable people think.” 

However in the same ruling, the judge dismissed claims that Burger King’s TV and online advertisements had misled customers.

In a statement made after the ruling a Burger King spokesperson said, “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.”

McDonald’s and Wendy’s, two other restaurant chains, are presently facing similar lawsuits in US Federal Court. In July, Taco Bell, a division of Yum Brands, was sued over allegations its Crunchwraps and Mexican pizzas contain only half of the amount of filling they advertised. The lawsuits are each seeking $5 million for the misrepresentations.