Man Sues For Up To $1 Million Over Onions In His Burger
Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content.
A Houston man has filed a lawsuit against Whataburger, alleging that he was served a burger containing onions despite his request to leave them off due to allergies.
According to court documents seen by Newsweek, the plaintiff is seeking more than $250,000 but less than $1,000,000
Newsweek has reached out to the plaintiff's lawyer via email for comment. Whataburger declined to comment on this article when contacted.
Why It Matters
According to Food Allergy Research and Education (FARE), 33 million Americans have food allergies, with one in ten adults and one in thirteen children having allergies. Over 170 foods cause food allergies.
Stock image of burgers.
Stock image of burgers.
Press Association via AP Images
Lawsuits relating to food allergies are relatively common. In Florida, the parents of a young boy filed a lawsuit against Whole Foods after their son had a severe reaction to dairy-free pizza in 2022, while Panera Bread were served a lawsuit after a 6-year-old girl with a peanut allergy was allegedly served peanut butter back in 2016.
What To Know
The case was filed on April 25 in Texas' 269th Judicial District Court of Harris County where the plaintiff, Demery Ardell Wilson filed a personal injury lawsuit against Whataburger.
The court filing states that on July 24, 2024 Wilson was at a Whataburger "where he ate a fast-food meal and got an allergic reaction due to onions present in it after requesting no onions." It also states that Wilson had "sustained serious personal injuries" as a result.
The court documents do not specify what was ordered, but the eponymous Whataburger includes an beef patty with mustard, tomato, lettuce, pickles and diced onion.
In a separate court document filed on May 16, Whataburger denied the allegations and demanded "strict proof" of his assertions.
In the filing, Whataburger "specifically denies Plaintiff's claim that it or any Defendant's employees were negligent."
It's not the first time that Wilson has filed a lawsuit against a fast food restaurant. In 2024, he filed a lawsuit against Sonic Drive In for allegedly putting onions in his burger, which he said triggered an allergic reaction. Sonic Drive In have denied the allegations.
Newsweek has contacted Sonic Drive In over email for comment.
What People Are Saying
Dr. Marc Goldstein, a board-certified allergist and immunologist and founding partner at The Asthma Center, in Philadelphia, PA, previously told Newsweek: "It's very important to know your allergies and then be aware of the ingredients in the foods that you eat. This means reading food labels and asking questions about ingredients and food preparations from places where you consume food (e.g. bakery, restaurants, ice cream shop)."
What's Next
Whataburger has not commented publicly beyond official court filings. Developments in the case remain to be seen.
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