Miami-based Burger King has asked a federal judge to dismiss a lawsuit that claims the chain misled customers who bought its plant-based Impossible Whopper, saying it never called the meat-free item a “vegan” product.
The November 2019 filing in U.S. District Court in Florida demands that a jury hear a class-action lawsuit accusing Burger King of misleading customers, because it did not disclose that the Impossible Burger is cooked on the same grills as its beef burgers. Phillip Williams contends that the undisclosed cooking process adds beef by-products to the plant-based patties. The suit argues that the promotion of the Impossible Burger implied that the menu item was “meat-free and a vegan meat alternative.”
In court filings, however, Burger King denied that it ever called the Impossible Burger “vegan” or specified how it would be prepared for sale. The chain’s response filing says customers should have known to ask how the item was prepared, adding that Impossible Foods — manufacturer of the patties — says they are not designed specifically for vegans or vegetarians.