A beloved fast food joint is facing a major class action lawsuit after several consumers accused the brand of publishing deceptive advertisements.
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.
According to reporting from Reuters, 19 customers across 13 states believe that the brand heavily exaggerated the size of many of their products, including the Whopper, in advertising photographs, pointing to the fact that the product styling implies that the patties "overflow" their buns—making them appear 35 percent larger than the burgers doled out in store.
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.
U.S. District Judge Roy Altman, however, found that the advertisements "go beyond mere exaggeration or puffery," permitting the case to head before a judge.
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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