Smashburger Class Action Says Double Burgers Aren’t ‘Double the Beef’

A California consumer claims that Smashburger’s so-called “Triple Double” burgers are falsely advertised as containing double the beef as their regular burgers.

Lead plaintiff Andre Galvan says that he relied on representations that the “Triple Double” varieties of Smashburger sandwiches contained “Double the Beef.”

However, alleges the Smashburger class action lawsuit, the burgers actually contain half size beef patties and, in fact, only contain the same amount of beef as the restaurant’s regular-sized burgers.

At issue are Smashburger’s Triple Double, Bacon Triple Double, and Pub Triple Double burgers, says Galvan. The chain, a worldwide purveyor of hamburgers, offers these “Triple Double” burgers at all locations.

According to the Smashburger class action lawsuit, Smashburger touts the Triple Double burgers as containing “triple the cheese & double the beef in every bite.” These advertisements are made in store, online, and on television.

“In one such television advertisement,” alleges the Smashburger class action lawsuit, “an actor says that the Triple Double Burger is the ‘meatiest thing I’ve ever eaten,’ while another holds up a Triple Double burger and says, ‘this is a lot of meat.’”

Galvan says he’s purchased at least 10 Triple Double burgers from Smashburger over two years. The Smashburger class action claims that Galvan was under the impression that the sandwiches contained twice as much meat as Smashburger’s regular Classic burger.

“Smashburger’s ‘Double the Beef’ taglines actually deceived and had the tendency to deceive a substantial segment of Smashburger’s customers into thinking that Triple Double Burgers contain twice the amount of beef as Smashburger’s regular-sized burgers,” contends the Smashburger Triple Double class action lawsuit.

According to his Smashburger class action, Galvan would not have purchased the Triple Double varieties of the Smashburger had he known that they did not contain double the meat of the chain’s Classic offering.

The Smashburger class action lawsuit seeks to represent a nationwide Class of consumers who purchased Triple Double varieties of the chain’s burger from Feb. 8, 2015 to the present. The plaintiff also wants to represent a Class of California consumers for violations of that state’s laws.

Smashburger, according to the class action lawsuit, has violated express warranties to consumers through its alleged false advertising.

“Defendants breached their express warranties because Triple Double Burgers do not in fact contain ‘double’ the beef. In short, Triple Double Burgers do not contain the quantity expressly warranted,” alleges the Smashburger Triple Double class action lawsuit.

Smashburger also committed fraud when they allegedly misled consumers into purchasing the Triple Double burgers.

“Defendants provided Plaintiff and Class members with false or misleading material information and failed to disclose material facts about Triple Double Burgers,” claims the Smashburger class action.

In addition to violating California business and consumer protection laws, the class action lawsuit alleges that Smashburger has been unjustly enriched by its false advertising.

The Smashburger class action lawsuit is seeking damages, as well as a court order requiring Smashburger to conduct a corrective advertising campaign.

The lead plaintiff is represented by L. Timothy Fisher and Blair E. Reed of Bursor & Fisher PA and Marc G. Reich and Adam T. Hoover of Reich Radcliffe & Hoover LLP.

The Smashburger Triple Double Class Action Lawsuit is Galvan v. Smashburger IP Holder LLC, et al., Case No. 2:19-cv-00993, in the U.S. District Court for the Central District of California.