Burger King filed to dismiss the lawsuit, but a judge determined earlier this week that the suggestion was not implausible, meaning that the case will move forward in court.
BK conceded that photographers "styled sandwiches more beautifully" than their restaurant employees would, but said that the everyday customer would know that the menu boards are designed to look more appealing.
BK called the claim "false" in a statement obtained by the publication. "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."
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