SAN FRANCISCO (Legal Newsline) – A class action lawsuit against Burger King says it lied to customers that its products are safe and sustainable.
The case, filed April 11 in San Francisco federal court, is part of a growing trend of cases involving chemicals known as PFAS. They are found in firefighting foam and consumer products like non-stick cookware and have made their way into the bloodstreams of virtually every American.
PFAS lawsuits blame the chemicals for a variety of health problems, some of which were linked by a health study that was part of a settlement with DuPont. But others say the science on how PFAS affect the human body is incomplete.
Meanwhile, as the government still requires PFAS in its firefighting foam on military bases, lawyers pursue litigation like an Ohio class action that alleges no illnesses. Most PFAS cases are sent to a federal multidistrict litigation proceeding in South Carolina federal court.
Consumer class actions might stay where they are filed, however, because they allege violations of consumer protection statutes. Pursuing the Burger King case is the law firm Bursor & Fisher.
The suit says PFAS found in Burger King’s packaging violate the company’s promise on its website that products are “safe” and “sustainable.” Research has indicated 249.7 parts per million of total organic fluorine, the suit says.
“Thus, based on Defendant’s representations, a reasonable consumer would expect that the product can be safely purchased and consumed as marketed and sold,” the suit says. “However, the product is not safe, posing a significant health risk to unsuspecting consumers.
“Nor is the product sustainable.”