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.

Burger King, a unit of Restaurant Brands International, countered that it wasn’t required to deliver burgers that look “exactly like the picture,” but the judge said it was up to jurors to “tell us what reasonable people think.”

[Meh. If consumers haven’t learned the difference between an advertisement and reality, caveat emptor. Besides, what have they lost? Six bucks, and that’s assuming the whole price rather than just the purported overcharge for the meat not going past the outer perimeter of the bun. The real loss is probably less than a dollar if it exists at all. This is a nonsense complaint fueled by greed rather than actual damage to consumers. The judge should have thrown this out. — Ed]