Burger King Wants Impossible Whopper Class Action Tossed

Burger King has filed a motion to dismiss a class action alleging that the fast food chain tricks customers into thinking that their Impossible Whopper is vegan, when it is cooked on the same grill as other meat products.

Phillip Williams filed the lawsuit in November 2019 claiming that he is a strict vegan and does not eat or drink anything with animal by-products.

He states that he ordered an Impossible Whopper at a Burger King in Georgia, and requested that the restaurant put no mayonnaise on it.

Williams says he believed that he would be getting a “vegan” sandwich and that it would be cooked on a different surface than what is used for beef and chicken.

The motion to dismiss from the company argues that Burger King never stated that their Impossible Whopper was “vegan” and did not assure customers that it would be cooked on a separate flame broiler than the one used to cook beef patties.

In addition, Burger King claims that it could not have marketed the plant-based Whopper as “vegan” because the product has mayonnaise on it.

The defendant alleges that Williams “assumed that an Impossible Whopper would satisfy his own particularly strict form of veganism—which, to him, required a separate cooking method—solely because he asked a Burger King restaurant employee to ‘hold the mayo.’” 

The motion to dismiss states that Williams does not have a claim for breach of contract, breach of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), nor for unjust enrichment.

In addition, Burger King claims that the plaintiff did not meet the “reasonableness” requirement for his claims because he must show that the advertisement of the Impossible Whopper contained a definite promise. 

Burger King argues that they never promised the plaintiff a “vegan” sandwich or that they would be cooking the Impossible Whopper in any particular way.

The defendant claims that Williams should have asked about the cooking method of the Impossible Whopper, but the plaintiff admits that he did not do this.

“Moreover, [Burger King Corporation] stated on its website and elsewhere, and major media outlets widely reported, that Burger King guests may request an alternative cooking method if they do not want the Impossible Whopper cooked on the same flame broiler used for beef and chicken,” the motion to dismiss claims.

In addition, Burger King states that even if the plaintiff had a valid personal claim, he cannot represent a Class consisting of “all” Impossible Whopper purchasers.

“Remove any of the unique facts Mr. Williams claims about himself—each of which will require individualized discovery and be subject to challenge by BKC—and he no longer would have even a personal claim,” the motion to dismiss argues.

The defendant states that Williams cannot put forward any argument that every Impossible Whopper purchaser shares his strict beliefs or that that every customer was unaware of the cooking method.

“Missing from the Complaint, however, is any allegation that BKC ever described the Impossible Whopper as ‘vegan’ or promised a cooking method that would avoid all contact with the restaurants’ meat offerings,” the motion to dismiss states.

Have you tried the Impossible Whopper? If so, leave a message in the comments section below.

The plaintiff is represented by Eugene Y. Turin of McGuire Law PC and David P. Healy.

The Burger King Impossible Whopper Class Action Lawsuit is Phillip Williams v. Burger King Corporation, Case No. 1:19-cv-24755, in the U.S. District Court for the Southern District of Florida.

UPDATE: On March 9, 2020, Burger King asked a judge to dismiss a class action lawsuit alleging the plant-based Impossible Whopper was misrepresented.

UPDATE 2: On July 20, 2020, a federal judge has thrown out a class action lawsuit that alleged Burger King deceived its customers about how its Impossible Whoppers are cooked.

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