Burger King class action over alleged toxic Whopper packaging seeks dismissal

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Update:

• Burger King asked a judge to throw out a lawsuit filed by a customer who alleges the fast food giant’s Whopper packaging contains harmful substances known as per- and polyfluoroalkyl substances (PFAs) that are unfit for human consumption. 
• Burger King filed the motion to dismiss the case July 25 in a California federal court, arguing that its packaging meets the U.S. Food and Drug Administration safety requirements.
• “Burger King’s food packaging uses authorized PFAS and, per federal law, the food products are accordingly not adulterated, not unsafe and not illegal for sale,” the motion states.
• It added that California law permits the use of PFAS and has enacted a phasing-out program that does not limit the use of PFAS in food packaging until 2023.

Burger King Whopper packaging class action lawsuit overview:

• Who: A customer filed a class action lawsuit against Burger King. 
• Why: The plaintiff alleges the Whopper packaging contains chemicals that are harmful to humans, animals and the environment. 
• Where: The class action lawsuit was filed in California federal court.

(April 13, 2022)

A Burger King customer is suing the fast food giant for misleading customers with its “safe” and “sustainable” representations when its Whopper packaging allegedly contains harmful substances, according to a new class action lawsuit.

The lead plaintiff, Azman Hussain, says Burger King’s Whopper burger is “unfit for human consumption” because its packaging contains “unsafe per- and polyfluoralkyl substances (PFAS).” Containing such substances goes against the company’s promise of being “safe” and “sustainable,” Hussain says, pointing to several examples on Burger King’s website and advertisements. 

The class action lawsuit against Burger King brings claims of breach of warranty, violation of federal and state consumer protection laws, fraud, negligence and unjust enrichment.

Burger King Whopper packing substance associated with cancer among other health issues

PFAS were first found in Whopper packaging in a 2018 study by Toxic Free Future, according to the class action complaint. Consumer Reports research found that Whopper packaging “would expose a consumer to PFAS at levels that are several orders of magnitude higher than” the level considered safe by the Environmental Protection Agency.

Hussain states that companies like Burger King use PFAS because the coating acts “as a barrier to keep grease from escaping” and “from leaking into people’s hands.” But “numerous” products from Burger King’s competitors do not contain PFAS, indicating that PFAS are not needed in such packaging, the complaint continues. 

Hussain cites the Centers for Disease Control and Prevention and a scientific study in Environmental Science & Technology indicating that PFAS are associated with thyroid disorders, various cancers, liver damage, decreased fertility and increased risk of asthma.

Despite these federal agency warnings, Burger King fails to notify customers that the product is “unsafe and harmful to the environment, contains heightened levels of PFAS or should otherwise be approached with caution,” the complaint says. 

Hussain seeks compensatory, statutory, and punitive damages, prejudgment interest, restitution, injunctive relief and medical monitoring for himself and class members. 

Hussain seeks to represent a nationwide class of everyone who bought the Whopper, as well as a subclass of California Whopper purchasers. These classes exclude anyone who made the purchases for resale purposes. 

McDonald’s has also come under fire recently for failing to disclose to consumers that its food products contain per- and polyfluoroalkyl substances.

Have you ever purchased a Burger King Whopper and wondered what was in its wrapper? Watch this space for updates on this class action lawsuit!

The plaintiff is represented by L. Timothy Fisher, Sean L. Litteral, Joshua D. Arisohn and Alec M. Leslie of Bursor & Fisher, P.A.

The Burger King Whopper packaging class action lawsuit is Hussain v. Burger King Corporation, Case No. 4:22-cv-02258, in the U.S. District Court for the Northern District of California.

Read About More Class Action Lawsuits & Class Action Settlements:

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• McDonald’s Class Action Alleges Restaurant Fails To Disclose PFAS in Food Products
• McDonald’s Class Action Says Workers Aren’t Protected From COVID-19
• Red Lobster Asks Judge To Dismiss Class Action Claiming It Lies To Diners About Sustainable Sourcing