Burger King's Impossible Whopper is under fire over allegations it's cooked on the same grills as burgers made from meat. Courtesy photo.

Burger King Corp.'s introduction of the Impossible Whopper, a plant-based alternative to its famed burger, has been hailed an innovative and profitable way of providing vegan and vegetarian consumers a seat at the fast food table.

But one Georgia vegan claims this is too good to be true. He alleges the Impossible Whopper is cooked on the same grills as meat patties, "thus covering the outside of the Impossible Whopper's meat-free patties with meat by-product."

Tallahassee attorney David Patrick Healy of Dudley, Seller, Healy, Heath & Desmond represents Phillip Williams, who has filed a putative class-action complaint in the Southern District of Florida.

The suit accuses the Florida-based fast food chain of breach of contract, deceptive and unfair trade practices and unjust enrichment. It states Williams' strict vegan diet means he doesn't eat or drink anything that contains animal byproducts, and claims he inadvertently broke that rule after paying a "premium" price for what he thought was a meat-free burger.

After hearing about the Impossible Whopper through word-of-mouth and social media adverts, Williams says he ordered one without mayonnaise at an Atlanta drive-thru in August 2019.

"After checking that his Impossible Whopper did not contain mayonnaise, plaintiff proceeded to eat the Impossible Whopper believing that it was a meat-free option," the complaint said. "However, plaintiff had been duped by Burger King's deceptive practices into eating a meat-free Whopper Patty that was in fact covered in meat by-products."

The complaint says Williams made the discovery through "personal knowledge as to his own acts and experiences" and an investigation conducted by his attorneys, as Burger King's menu and advertisements gave no hint that the Impossible Whopper could be contaminated by meat.

And Williams is not alone, according to the suit.

"Indeed, there are numerous consumer complaints posted online from customers who have been outraged upon finding out that the Impossible Whopper is prepared on the same grills as Burger King's traditional meat products," the complaint said.

Prices vary across the U.S., but an Impossible Whopper typically costs around $5.49, while the original Whopper costs about $4.49. The lawsuit claims at least $5 million is at stake.

Burger King declined to comment. In reference to the Impossible Burger, its website says, "For guests looking for a meat-free option, a non-broiler method of preparation is available upon request."

In addition to damages, attorney fees and costs, the lawsuit seeks an injunction that would force Burger King to disclose that its Impossible Whopper is cooked on the same grill as meat patties and require its future marketing to comply with Florida's Deceptive and Unfair Trade Practices.

Plaintiffs attorney Healy did not immediately respond to a request for comment.

U.S. District Judge Ursula Ungaro will preside over the case.

Read the complaint:

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