A judge in Miami has refused to dismiss a lawsuit claiming Burger King gives a misleading impression in its ads of the size of its Whoppers. The suit has been allowed to proceed on the basis that there may be a case that in-store ads “materially overstate” the size of the beef patties in Whoppers – even though the judge rejected the idea there was a case to answer in relation to TV and online advertising. The plaintiffs – 20 burger eaters – say side-by-side comparisons of Whoppers in ads and real-life suggest the former are 35 per cent wider and 100 per cent more voluminous than the latter. Burger King said no one expects an actual Whopper to look “exactly like the picture”, but Judge Roy Altman decided jurors should have the last word. The plaintiffs seek $5 million and Burger King may yet settle. In the meantime, it should note: the Online Etymology Dictionary dates “whopper” to 1767 and defines it as an “‘uncommonly large thing’, originally and especially an audacious lie”.