A Texas man has filed a lawsuit against Whataburger, alleging that he suffered an allergic reaction after consuming a burger that contained onions despite requesting none.
According to court documents, Demery Ardell Wilson claims he visited a Whataburger restaurant on July 24, 2024, and ordered a burger without onions. He alleges that the burger he received did contain onions, which led to an allergic reaction requiring medical attention.
The lawsuit was filed on April 25, 2025, and seeks monetary relief of over $250,000 but less than $1 million. The specific Whataburger location has not been disclosed in the filing.
Wilson is being represented by the same attorney who filed a previous lawsuit on his behalf against Sonic Drive-In. In that 2023 case, Wilson alleged that a Sonic burger he purchased on April 14, 2023, at a Cypress, Texas, location also contained onions, despite a no-onion request. That case was eventually dismissed.
The petition in the Whataburger case states that Wilson experienced “serious personal injuries” and had to seek care from medical professionals due to the incident.
Whataburger denied the allegations in a court document filed on May 16, 2025. In its response, the company stated that it did not know, nor should it have known, that any product Wilson purchased was in a defective or unreasonably dangerous condition at the time. The company has demanded strict proof of all claims made in the lawsuit.
A Whataburger spokesperson told USA TODAY on May 17 that the company does not comment on pending litigation.
Whataburger’s flagship burgers typically include onions by default. The court filing does not specify which exact menu item Wilson ordered, nor does it state whether he made the order in person or through a drive-thru.
The lawsuit against Sonic Drive-In included similar claims. Wilson stated in that petition that the onions on his Sonic burger made him “feel sick” and caused “serious personal injuries,” also requiring medical attention. Sonic denied those claims in a court filing and requested that Wilson be required to prove his allegations.
No trial date has been scheduled in the Whataburger case as of now. Both lawsuits allege negligence on the part of the fast food restaurants for failing to comply with the plaintiff’s request to exclude onions from his meals.
Wilson’s lawsuit against Whataburger remains active in Harris County court.
