A U.S. judge has rejected Burger King’s bid to dismiss a lawsuit claiming that it cheated hungry customers by making its Whopper sandwich appear larger than it actually is.

U.S. District Judge Roy Altman in Miami said Burger King must defend against a claim that its depiction of Whoppers on in-store menu boards mislead reasonable customers, amounting to a breach of contract.

Customers in the proposed class action accused Burger King of portraying burgers with ingredients that “overflow over the bun,” making it appear the burgers are 35% larger and contain more than double the meat than the chain serves.