(NewsNation) — A federal judge ruled that a lawsuit claiming Burger King misleads its customers with advertisements that make its Whopper and other products appear larger than they are must move forward.

U.S. District Judge Roy K. Altman found “some” merit to the claims made by the consumers in the class action lawsuit that they could be deceived by the fast food chain’s ads. Nineteen customers from 13 states are in the lawsuit, which was filed in 2023.

The plaintiffs allege the burgers Burger King advertised were “approximately 35% larger in size, and contain more than double the meat, than the actual burger.”

Burger King denied the claims, saying its photographers “styled sandwiches more beautifully” than the workers do in restaurants but said reasonable customers know the point of the photos on the menu board is to make the food look as appetizing as possible.

The fast food chain sought to have the lawsuit dismissed, but Altman said the allegations “go beyond mere exaggeration or puffery.”

A similar lawsuit against McDonald’s and Wendy’s was dismissed in September 2023.