A legal battle over the size of Burger King’s Whopper is headed to court.

 A U.S. district judge in Miami rejected the burger chain’s bid to dismiss a class action lawsuit brought by customers who say Burger King’s in-store menu boards show a much bigger Whopper than what is actually served.

Specifically, Burger King is accused of portraying its signature sandwich as having ingredients that, quote, overflow over the bun – making it appear 35% larger overall and with more than double the meat of an actual Whopper.

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’s up to a jury to decide what “reasonable people” would think – and whether Burger King’s alleged actions amount to a breach of contract with its customers.