A Burger King buyer who’s vegan has sued the corporate for promoting him an Inconceivable Whopper that was “contaminated” by meat by-products, based on claims in a brand new class motion lawsuit.
Plaintiff Phillip Williams says he purchased an Inconceivable Whopper at a Burger King in Atlanta, Ga., believing it to be utterly meat-free. Williams, who adheres to a strict vegan weight loss program, ordered the Inconceivable Whopper — with out mayonnaise, which isn’t vegan — from Burger King’s drive-through in August 2019. Whereas the burger arrived with out mayonnaise as requested, Williams says he found after consuming it that the patty was coated in meat by-products. He accuses Burger King of cooking the meat-free patties on the identical grill the place beef patties are made and of deceptive clients by advertising the Inconceivable Whopper as a meat-free menu merchandise.
“Regardless of Burger King’s representations that the Inconceivable Whopper makes use of the trademarked ‘Inconceivable Meat’ that’s well-known as a meat-free and vegan meat various, Burger King cooks these vegan patties on the identical grills as its conventional meat merchandise, thus overlaying the surface of the Inconceivable Whopper’s meat-free patties with meat by-product,” the lawsuit says. The swimsuit towards the Miami-based fast-food chain was filed within the Southern District of Florida.
The Inconceivable Whopper, which grew to become obtainable all through the U.S. in 2019, is a model of Burger King’s Whopper burger made out of plant-based “meat” produced by the Silicon Valley firm Inconceivable Meals.
Williams says he was not informed, nor did he see any indicators, that the Inconceivable Whopper was cooked on the identical grill as Burger King’s beef patties or different meat merchandise. It’s unclear how he found the alleged meat by-product on his burger.
The lawsuit seeks an injunction that requires Burger King to reveal that it cooks the Inconceivable Whopper on the identical grill as its conventional meat objects, compensatory damages for Williams and a jury trial. An legal professional for Williams didn’t instantly reply to TIME’s request for remark.
Burger King describes the Inconceivable Whopper as, “100% Whopper, 0%” beef on its web site. The corporate additionally notes that clients in search of a meat-free possibility can request a “non-broiler technique of preparation.” Chris Finazzo, Burger King’s president within the Americas area, informed Bloomberg in August that Burger King’s Inconceivable Whopper can be cooked in the identical broiler the place common meat merchandise are additionally ready, until a buyer requested it’s made individually.
A Burger King spokesperson stated the corporate doesn’t touch upon pending litigation in a press release to TIME.