Whataburger Sued: Did Onions in Your Burger Cause an Allergic Reaction? Know Your Rights

Imagine biting into your favorite Whataburger, only to be met with the unmistakable taste of onions – an ingredient you specifically asked to be left out due to a severe allergy. For some, this isn’t just an inconvenience; it’s a health crisis waiting to happen. Recently, a Houston man sued Whataburger, claiming a severe allergic reaction to onions in his burger, despite ordering it without them. This incident highlights the serious risks faced by individuals with food allergies and raises important questions about liability and your legal rights.

Understanding Food Allergies and Their Impact

Food allergies are more common than you might think, affecting millions of Americans. According to Food Allergy Research and Education (FARE), approximately 33 million Americans have food allergies. When someone with a food allergy consumes the offending food, their immune system overreacts, triggering a range of symptoms that can vary from mild to life-threatening.

Common Symptoms of an Onion Allergy:

Hives or rashes
Itching or tingling in the mouth
Swelling of the lips, face, tongue, or throat
Nasal congestion
Difficulty breathing
Nausea and vomiting
Diarrhea
Stomach pain and cramping
Dizziness or lightheadedness
Anaphylaxis (a severe, potentially fatal allergic reaction)

While onion allergies are considered rare, sensitivities to onions are more common. These sensitivities can cause similar, though often less severe, symptoms.

The Whataburger Lawsuit: A Case of Negligence?

In April 2025, Demery Ardell Wilson filed a lawsuit against Whataburger, seeking between $250,000 and $1 million in damages. Wilson claims he ordered a burger without onions but was served one containing them, leading to a severe allergic reaction that required medical attention. He alleges negligence on the part of Whataburger, claiming the restaurant failed to uphold its duty of care to ensure his food was safe to consume.

Interestingly, this isn’t the first time Wilson has taken legal action against a fast-food chain over a similar incident. In 2024, he sued Sonic Drive-In for allegedly serving him onions after he specifically requested his meal without them. That case was dismissed. Whataburger is contesting Wilson’s allegations, demanding “strict proof” and denying any negligence.

What Are Your Rights When it Comes to Food Allergies?

If you have a food allergy, you have certain rights that are protected by law. These rights aim to ensure your safety and well-being in public spaces, including restaurants.

The Americans with Disabilities Act (ADA): The ADA protects individuals with disabilities from discrimination. In some cases, food allergies can be considered a disability under the ADA, particularly if they substantially limit a major life activity, such as eating or breathing. This means restaurants and other establishments must make reasonable accommodations to ensure individuals with food allergies can safely access their services.
The Food Allergen Labeling and Consumer Protection Act (FALCPA): FALCPA requires packaged food products to clearly state if they contain any of the nine major allergens: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, and sesame. While FALCPA primarily applies to packaged foods, it sets a precedent for transparency and clear communication about allergens.
State and Local Laws: Some states and cities have implemented their own food allergy awareness laws for restaurants. These laws may require restaurants to train staff on food allergy safety, provide allergen information to customers, and prevent cross-contamination.

What Should You Do If You Experience an Allergic Reaction at a Restaurant?

Seek Immediate Medical Attention: If you experience a severe allergic reaction, use your epinephrine auto-injector (EpiPen) immediately and call emergency services. Even if your symptoms seem mild, it’s crucial to seek medical attention to prevent the reaction from worsening.
Notify the Restaurant Staff: Inform the restaurant staff about your allergic reaction and what you consumed. This will help them understand what happened and take steps to prevent similar incidents in the future.
Document Everything: Keep detailed records of what you ordered, what you ate, and the symptoms you experienced. If possible, take photos of the food and any packaging. Also, obtain medical documentation of your allergic reaction.
Consider Legal Action: If you believe the restaurant was negligent in handling your food allergy, you may have grounds for a personal injury claim. Consult with a personal injury attorney to discuss your legal options and determine the best course of action.

Proving Negligence in a Food Allergy Lawsuit

To win a food allergy lawsuit, you typically need to prove that the restaurant was negligent. This involves demonstrating the following:

Duty of Care: The restaurant had a duty to ensure your food was safe to consume, especially after you informed them of your allergy.
Breach of Duty: The restaurant breached its duty of care by failing to take reasonable precautions to prevent your exposure to the allergen. This could include cross-contamination, mislabeling, or failing to properly train staff.
Causation: The restaurant’s negligence directly caused your allergic reaction and subsequent injuries.
Damages: You suffered damages as a result of the allergic reaction, such as medical expenses, lost wages, and pain and suffering.

Whataburger’s Responsibility and Food Safety Measures

Whataburger, like all food service establishments, has a responsibility to provide safe food to its customers. This includes taking precautions to prevent allergic reactions. While Whataburger’s website includes allergen information for some ingredients, it doesn’t list onions as a documented allergen.

Whataburger also has a “Food Safety Acknowledgement” that employees must sign, stating they will inform the person in charge of any foodborne illness symptoms. The company also has Food Safety and Quality Assurance Managers.

Advice

Living with a food allergy requires constant vigilance, especially when eating out. Here are some tips to protect yourself:

Always inform restaurant staff about your allergies: Even if you’ve dined at the restaurant before, reiterate your allergy to the staff.
Ask about ingredients and preparation methods: Don’t hesitate to ask detailed questions about how your food is prepared and whether there’s a risk of cross-contamination.
Carry your epinephrine auto-injector: Always have your EpiPen with you and ensure you know how to use it.
Read menus carefully: Look for allergen information or ask for a detailed ingredient list.
Consider dining at allergy-friendly restaurants: Some restaurants are specifically trained and equipped to handle food allergies.

Conclusion

The lawsuit against Whataburger serves as a stark reminder of the potential consequences of food allergy negligence. If you or a loved one has experienced an allergic reaction due to a restaurant’s negligence, it’s essential to understand your rights and take appropriate action. Contact a personal injury attorney today to discuss your case and explore your legal options.