Smashburger Class Action Challenges ‘Double the Beef’ Burgers

A recent Smashburger class action claims that the burger joint’s “Triple Double” burgers do not contain double the beef as advertised.

Smashburger is a Colorado-based burger chain with more than 380 locations across 38 states.

The restaurant offers a variety of made-to-order burgers and touts itself as “the quickest fast-casual concept ever to hit the 200-restaurant milestone.”

One of the options that Smashburger offers is the “Triple Double” burger. When this option was released in July 2017, the company said that the burger would include “two of Smashburger’s famous fresh never frozen beef patties” opposed to the single patty contained in the normal burgers.

Smashburger’s co-founder and CEO reportedly hyped the Triple Double in a press release, stating: “We’re giving people more of what they love. Double the juicy, caramelized beef, made-to-order and seared to perfection. And triple the cheesy goodness.”

However, this hype may be overstated. Plaintiff Barbara Trevino recently filed a Smashburger class action lawsuit claiming that the Triple Double does not contain double the meat of the normal Classic Smash, despite repeated claims.

Trevino claims that Smashburger “misinforms” its consumers about how much beef is in the Triple Double. Instead of containing twice the amount of beef as the Classic Smash burger, the Triple Double allegedly contains the same amount of beef as the traditional burger.

The Smashburger class action lawsuit alleges the restaurant implements “illusionary” representations to deceive their consumers into thinking that they are getting more product for their money. Trevino claims that the company knowingly deceives their customers with these representations in order to influence them to pay more for the supposedly improved burger.

“Smashburger’s representations are false, misleading, and reasonably likely to deceive the consuming public who, like Plaintiff here, rely on the truth of Smashburger’s representations to make purchasing decisions,” the Smashburger class action claims.

Trevino herself was allegedly deceived by representations that the Triple Double burger contains “double the beef.” She claims that she would not have purchased the burger had she known that Smashburger’s representations were “false, deceptive, and misleading.”

In her Smashburger class action lawsuit, Trevino includes claims for breach of express warranty, unjust enrichment, and violation of California laws including the Consumer Legal Remedies Act, False Advertising Law, and Unfair Competition Law.

Smashburger faces a similar Triple Double class action lawsuit from another consumer in the same federal court. Like Trevino’s suit, this class action argues that Smashburger relied on false advertising to sell their burger.

Trevino seeks to represent a Class of consumers who purchased Smashburger’s Triple Double burger. If this Class cannot be certified, she seeks to represent a Class of consumers from California who purchased Smashburger’s Triple Double burger.

The Smashburger class action lawsuit seeks injunctive relief, compensatory damages, consequential damages, incidental damages, statutory damages, restitution, disgorgement, court costs, and attorneys’ fees.

Trevino and the proposed Class are represented by Tina Wolfson and Bradley K. King of Ahdoot & Wolfson PC.

The Smashburger Triple Double Burger Class Action Lawsuit is Trevino v. Smashburger IP Holder LLC, et al., Case No. 2:19-cv-02794, in the U.S. District Court for the Central District of California.

Read More Lawsuit & Settlement News:

Months After Hurricane Florence, the Struggle to Rebuild Continues

Trump Class Action Says Nondisclosure Agreements Are Unconstitutional

IED Attack Victims May be Able to Pursue Litigation

Anthem 401(k) Participants Reach $23.7M ERISA Settlement