The Impossible Whopper, which was launched in the US earlier this year, features the same burger build as the store’s traditional beef-based Whopper, replacing the patty with Impossible Foods’ plant-based version. It also contains tomatoes, lettuce, mayonnaise, pickles, and sliced white onions on a sesame seed bun. Some customize the sandwich by removing the mayo – making it free from animal products.
But according to the class-action lawsuit, filed by Phillip Williams in the U.S. District Court for the Southern District of Florida, if vegans knew the Impossible patties were prepared next to meat, they would not buy them.
Williams has accused Burger King of false advertising, and from benefiting financially from offering a vegan option that isn’t actually vegan.
The suit follows Williams buying an Impossible Whopper without mayo from one of the chain’s outlets in Atlanta.
According to the court documents: “Plaintiff, like the other members of the Class, reasonably believed that the Impossible Whopper was in fact’ 0% beef’ and, therefore, did not contain any meat or meat by-products. Plaintiff would not have purchased the Impossible Whopper if he knew that it…was coated in meat by-products.”
It adds that Williams ‘suffered monetary damages in the amount that he paid to purchase’. The suit calls for Burger King to ‘return all benefits gained, profits received, etc. from its deceptive marketing and sale of its Impossible Whopper so as to make full restitution to Plaintiff and the Class’.
Williams also wants the chain to make a Whopper which is suitable for vegans, and has asked the court for any damages it sees fit to award.
A spokesperson for Burger King has said the company does not comment on pending litigation.