The class action lawsuit alleges Burger King uses photos of the Whopper in advertisements and on its menu boards that make it look much larger than it actually is.
The fast food chain also asked the judge to dismiss the lawsuit, saying no reasonable person thinks fast food looks like the advertisements in real life. Last week, U.S. District Judge Roy Altman in Miami said only a jury made up of typical customers could make that determination.
Burger King also argues it clearly states the Whopper contains a quarter pound of beef. The lawsuit is seeking $5 million for breach of contract.
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