Smashburger has agreed to pay $5.5 million to settle a class action lawsuit over its “Triple Double Burgers” which were promoted as containing “double the beef.” The fast-casual burger chain was sued in a California district court in 2019 by plaintiffs who purchased Smashburger’s Triple Double, Bacon Triple Double, or Pub Triple Double burgers, and claimed they were misled about the burgers’ beef content.
According to the complaint, while the company claimed that the "triple" burgers contained “double the beef,” the plaintiffs argued that the burgers actually included two patties that were each half the size of the patties of Smashburger’s regular-sized, Classic Smash burgers. Specifically, consumers alleged that while the regular, Classic Smash burger is made with one 5.0-ounce beef patty, the Triple Double Burgers were comprised of two 2.5-ounce patties. Thus, they argued, the Triple Double Burgers contained the same amount of beef as a classic Smashburger burger.
Plaintiffs alleged that Smashburger’s use of its “Double the Beef” tagline were likely to confuse and mislead the consuming public by prompting consumers to believe that burgers sold under the slogan included twice the amount of beef as the classic item. Plaintiffs claimed they were tricked into paying more for the Triple Double Burgers, and had they known the truth, would not have purchased the burgers.
While Smashburger has not admitted any wrongdoing, it has agreed to settlement of a $2.5 million cash fund, as well as 1.5 million vouchers currently valued between approximately $2.00 and $2.49 per voucher, under which class members may receive either a cash payment or a product voucher if they qualify. Consumers who purchased any Triple Double Burgers between July 1, 2017 and May 31, 2019 are eligible, and no proof of purchase is required.
The settlement comes after a separate 2017 lawsuit with a competitor burger chain involving allegations of trademark infringement and false advertising surrounding the Triple Double Burgers’ “twice the beef” claims. That case was later settled.
The products at issue are no longer on Smashburger’s menu.
In Re: Smashburger IP Holder LLC, et al., Case No. 2:19-CV-00993-JAK-(JEMx).
“Smashburger knew or should have known that its ‘Double the Beef’ taglines were false and misleading, yet it adopted and continued to use those taglines”