A federal judge ruled on Monday that a class action lawsuit alleging that Burger King falsely advertised the size of its signature cheeseburger can move forward.

U.S. District Judge Roy K. Altman in Florida found ‘some’ merit to the plaintiff’s argument that the fast food chain advertised its Whopper cheeseburger and other menu items to appear bigger than they are.

An image of the Whopper burger from the lawsuit.District Court South Florida

Nineteen customers from 13 states sued Burger King in 2022, alleging that the burgers they advertised were ‘approximately 35% larger in size, and contain more than double the meat, than the actual burger.”

The lawsuit contains side-by-side images of the bright colored, larger-than-life burger advertisements next to the droopy images taken by customers.

‘Each of our Plaintiffs purchased BKC products at Burger King stores in their home states, and each came away disappointed by the incongruity between what they received and what they expected based on BKC’s advertisements,’ the lawsuit says.

Burger King sought to dismiss the lawsuit, but Altman on Monday stated that the plaintiff’s allegations ‘go beyond mere exaggeration or puffery.’

A spokesperson for Burger King said in a Monday statement that ‘the plaintiffs’ claims are false.’

‘The flame-grilled beef patties portrayed in our advertising are the same patties used in the millions of burgers we serve to Guests across the U.S.,’ the spokesperson added.

A lawyer representing the plaintiffs, Anthony Russo, said in a Monday statement that the plaintiffs were ‘pleased’ with the judge’s ruling and ‘are ready to move forward.’

A similar lawsuit against McDonald’s and Wendy’s was dismissed in September.