Texas man sues Whataburger for $1 million over onions in his burger

A Texas man is suing American fast food chain Whataburger for nearly $1 million after he allegedly suffered an allergic reaction when onions were included in his meal despite his specific request for them to be left out.

Demery Ardell Wilson filed the petition in Harris County’s 269th Judicial District Court on 25 April, claiming that Whataburger “failed to act in accordance with the appropriate standard of care,” resulting in “personal injuries.”

The lawsuit states that Wilson visited a Whataburger location on 24 July 2024 and ordered a meal without onions. However, he claims the order contained onions, which triggered an allergic reaction and required medical treatment.

“There was a manufacturing defect in the food at the time it left [Wilson’s] possession,” the filing reads.

It further alleges that the meal was “unreasonably dangerous” due to the inclusion of the allergen.

The plaintiff is seeking monetary relief between $250,000 and $1,000,000 to cover damages, penalties, medical costs, legal expenses, and other compensation.

He has reserved the right to amend the total amount sought as the case develops.

Wilson is represented by attorney Husein Hadi of the Hadi Law Firm. NBC News also obtained a copy of the affidavit served to Whataburger. The firm did not respond to requests for comment.

This is not Wilson’s first legal action against a fast food chain. In May 2024, he filed a similar lawsuit against Sonic Drive-In, which was dismissed the following month.

While the specific restaurant location is not named, Whataburger operates 764 outlets across Texas and has additional branches in 16 other US states.

The Whataburger chain’s website includes allergen information for ingredients like wheat, soy, and gluten, but does not list onions as a documented allergen.

The case highlights ongoing legal challenges faced by food establishments when accommodating special dietary or allergy-related requests.