A lawsuit against Burger King has been dismissed by a federal judge.
In November of last year, a lawsuit was filed against fast food chain Burger King for false advertising on their plant-based Impossible Whopper sandwiches. The plaintiffs of the case alleged that vegan and vegetarian customers were tricked into believing the Impossible Whopper was compatible with a vegan or vegetarian diet due to the fact that the Impossible burger patties were cooked on the same grill as the chain’s regular products. This case has been formally dismissed due to a lack of evidence.
U.S. District Judge Raag Singhal of Fort Lauderdale, Florida made the decision on Monday, saying that the plaintiffs of the case could not provide evidence that Burger King ever said the cooking of the sandwiches would take place on a separate grill. The plaintiffs also never actually asked a Burger King employee if the sandwiches would meet their dietary requirements or how they would be prepared.
“Burger King promised a non-meat patty and delivered,” Singhal wrote, adding that a class action suit could not be justified due to the various plaintiffs claims being “too individualized.”
Neither the plaintiffs nor their lawyers have commented on the matter as of writing, though Singhal did clarify that they are free to amend their claims and try again if they so choose.
Impossible Foods Inc, the creators of Impossible Burgers and co-creators of the Impossible Whopper, chimed in on the matter, saying that the sandwich is not intended for full vegetarian or vegan diets. Rather, it is designed merely for regular meat eaters who still want to eat a burger while consuming less animal proteins.