Source - Food & Beverage Litigation Update | Issue 732

Vegan Alleges Burger King Deceptively Marketed Impossible Whopper

A plaintiff has filed a putative class action alleging that Burger King Corp. represented its Impossible Whopper in association with the Impossible Burger, which is “well known as a meat-free and vegan meat alternative,” but cooked the Impossible Whoppers “on the same grills as its traditional meat products, thus covering the outside of the Impossible Whopper’s meat-free patties with meat by-product.” Williams v. Burger King Corp., No. 19-24755 (S.D. Fla., filed November 18, 2019). Burger King advertised the Impossible Whopper as “100% Whopper” and “0% Beef,” leading the plaintiff, a vegan, to rely “on Defendant’s deceptive representations about the Impossible Whopper and believing that the ‘Impossible’ vegan meat patty would be prepared in a manner that maintained its qualities as a vegan (meat-free) burger patty.” The plaintiff alleges breach of contract, unjust enrichment and violation of Florida’s consumer-protection statute and seeks class certification, damages and a declaration “that Defendant be financially responsible for actually providing a meat-free ‘Impossible’ meat patty when selling its ‘Impossible Whoppers’ to consumers."

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