A judge has decided that Burger King must answer to the beef brought by plaintiffs in a lawsuit over the size of its Whopper burgers.

Judge Roy Altman in Miami, Florida, ruled that the fast food chain will be required to face the lawsuit, in which plaintiffs claim that Burger King portrays its burgers to be bigger in ads than they are when served to customers. Though Burger King argued the chain was not required to make burgers that look "exactly like the picture," Altman stated it was up to jurors to "tell us what reasonable people think."

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The specific claim in the lawsuit is that the fast food chain showed burgers with ingredients that "overflow over the bun," giving it the appearance of being 35% bigger than it actually is. The burgers also appeared to have twice as much meat than what is actually offered.

While Altman has allowed the plaintiffs in the lawsuit to pursue negligence-based and unjust enrichment claims, he has dismissed claims regarding Burger King's ads, his reason being that the chain never explicitly said it would provide a specific burger size to customers.

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Burger King is not the only fast food chain dealing with accusations of misleading customers, as both McDonald's and Wendy's are being sued over the size of their burgers. Similarly, Taco Bell was also sued over the size of its food when served to customers compared to its ads. All three lawsuits, including the one Burger King is facing, are seeking $5 million in damages.

In the lawsuit against McDonald's and Wendy's, the plaintiffs' lawyer in Brooklyn, New York, has cited the ruling in the Burger King lawsuit.