MIAMI (Legal Newsline) – A Georgia man who follows a vegan diet has filed a suit against Burger King alleging it is misleading consumers by marketing its Impossible Whopper as zero percent meat when it is cooked on the same grill as meat products.
Phillip Williams, individually and on behalf of a class of similarly situated individuals, filed a complaint Nov. 18 in the U.S. District Court for the Southern District of Florida against Burger King Corp. alleging breach of contract, violation of Florida's Deceptive and Unfair Trade Practices Act and unjust enrichment.
The suit states Burger King uses the trademarked Impossible Meat in its Impossible Whopper and that Impossible Meat is "well-known as a meat-free and vegan meat alternative."
Williams claims that since Burger King began to offer the Impossible Whopper on Aug. 8, the restaurant chain has been misleading consumers due to the fact the Impossible Whopper is cooked on the same grill as traditional meat products, coating the meat-free patty in meat by-products.
"Plaintiff and other consumers purchased the Impossible Whopper, reasonably relying 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 suit states.
Williams seeks monetary relief, a trial by jury, interest and all other just and equitable relief. He is represented by David Healy of Dudley, Sellers, Healy, Heath & Desmond PLLC in Tallahassee, Florida.
U.S. District Court for the Southern District of Florida case number 1:19-CV-24755-UU