(WTVO) — Burger King is being sued in a lawsuit that claims it cheated customers by making its Whopper appear larger than it actually is in its advertisements.

A U.S. District Judge in Miami dismissed Burger King’s bid to dismiss the lawsuit, which accuses the restaurant chain of a breach of contract.

Plaintiffs in the class action suit say Burger King’s ads show the Whopper’s ingredients “overflow(ing) the bun,” making them appear 35% larger than they are in reality.

Burger King’s attorneys said the company wasn’t required to deliver burgers that look “exactly like the picture,” Reuters reported, but the judge ruled it was up to the jurors in the case to “tell us what reasonable people think.”

Judge Roy Altman did say that in none of Burger King’s TV or online ads did the company promise a burger “size” or weight.

The plaintiffs are seeking $5 million in damages.