In 2025, Demery Ardell Wilson, a resident of Houston, Texas, filed a lawsuit against fast-food chain Whataburger after allegedly suffering an allergic reaction when onions were included on his burger despite a specific request to have them left off. The lawsuit was filed in the 269th Judicial District Court of Harris County, alleging negligence and failure to meet the appropriate standard of care.
Incident Details and Legal Claims
The incident reportedly occurred on July 24, 2024, when Wilson ordered a meal from an unspecified Whataburger location. Though he explicitly requested the removal of onions due to his allergy, the burger was served with onions, which resulted in a serious allergic reaction requiring medical attention.
Wilson’s lawsuit contends that there was a “manufacturing defect in the food at the time it left [Whataburger’s] possession,” making it “unreasonably dangerous” and holding Whataburger strictly liable for the harm caused. He seeks damages between $250,000 and $1 million to cover medical costs, penalties, and other related expenses.
Whataburger’s Response
Whataburger filed a response in court denying the allegations, requesting “strict proof” of Wilson’s claims. The chain asserts that it was neither aware nor should have been aware that any product sold was defective or unreasonably dangerous at the time of sale.
The company’s website lists common allergens but does not include onions since they are not classified as a top FDA allergen, which complicates consumer awareness.
Related Legal Actions and Broader Context
This lawsuit is not Wilson’s first legal action related to allergic reactions. In 2023, he filed a similar lawsuit against Sonic Drive-In after being served onions despite a request to omit them, also resulting in illness.
Food allergy-related lawsuits have become increasingly common as awareness grows about the risks and consequences of allergic reactions. Approximately one in ten adults and one in thirteen children in the U.S. suffer from food allergies, making accurate allergen disclosure critical.
Significance and Implications
The Whataburger onion lawsuit highlights the importance of strict compliance with allergen requests and the duty of food establishments to protect vulnerable consumers. It underscores the potential legal and financial risks restaurants face for failing to honor such requests.
Experts emphasize the need for customers to communicate allergies clearly and for food providers to implement rigorous preparation protocols to prevent cross-contamination.
Conclusion
The lawsuit filed by Demery Ardell Wilson against Whataburger serves as a cautionary tale for fast-food chains about the critical importance of honoring allergen-related requests. As the legal proceedings unfold, this case could influence industry practices and consumer protections regarding food allergy safety.
