Smashburger has been hit with a proposed class action out of California over its allegedly false advertising of its “Triple Double” burgers.
The Triple Double, a burger made with two patties and three cheese slices, is represented in the burger chain’s advertising and on menus as containing “double the beef” of the restaurant’s regular-sized “Classic Smash” burger, the lawsuit says. In reality, the case alleges, the double burger actually contains the same amount of beef as Smashburger’s classic burger. The Triple Double, the suit explains, is made with two 2.5-ounce patties while the Classic Smash is made with one five-ounce patty.
The lawsuit argues that Smashburger’s representations of its Triple Double burger are “false, misleading, and reasonably likely to deceive the consuming public” as diners are not actually receiving “double the beef.”
According to the case, the defendants – Smashburger IP Holder LLC, Smashburger Franchising LLC, and parent company Jollibee Foods Corporation (USA) – have, through their “completely illusory” advertising claims, violated several state and federal laws. The suit looks to represent proposed classes of consumers nationwide and in California who bought a Triple Double within the applicable class period.