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Burger King Is Sued Over Burgers Being Much Smaller Than In Ads: Burger King has to prove its burgers aren’t smaller than they claim. A judge in Miami rejected the fast food chain's request to have a lawsuit dismissed. The proposed class action lawsuit claims Burger King misleads customers with menu pictures and ads that make the Whopper appear to be 35-percent bigger and contains twice the meat than what is served. Burger King argued it doesn't need to serve burgers that look "exactly like the picture." If the suit succeeds, Burger King will have to compensate customers that join the class for the lawsuit. McDonald's, Wendy's and Taco Bell are also all facing similar lawsuits.