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Burger King settles Croissan’wich BOGO lawsuitBurger King settles Croissan’wich BOGO lawsuit

Quick-service chain admits no wrongdoing

Bret Thorn, Senior Food Editor

January 12, 2018

2 Min Read
Burger King settles Croissan’wich BOGO lawsuit
Justin Sullivan/Getty Images

Burger King Corporation has settled a class-action lawsuit filed in May charging that the Miami-based quick service chain had overcharged in a buy-one-get-one-free offer.

Plaintiffs represented by Robbins Geller Rudman & Dowd LLP in the case Anderson v. Burger King Corporation, alleged that Burger King overcharged its clients for modified versions of the Croissan’wich breakfast sandwiches.

Customers who ordered a Croissan’wich between October 1, 2015 and May 19, 2017 modified not to contain egg, cheese, and/or meat using a BOGO coupon, who paid more than what that restaurant would charge for a single, unmodified sandwich, might be eligible for a $5 payment or $2 gift card if they file a claim form by Jan. 19, according to a joint release by Burger King and Robbins Geller Rudman & Dowd.

As part of the settlement, Burger King denied any wrongdoing.

A hearing will be held on April 3 to determine if the settlement is adequate and to approve the law firm’s request for $185,000 in fees, up to $10,000 in expenses and a $500 service award to class representative Koleta Anderson of Upper Marlboro, Md.

According to court documents, Burger King’s investigation of the issue determined that fewer than 10 percent of BOGO orders were for two modified Croissan’wiches. The company determined that the problem occurred when a specific point-of-sale system was used. Burger King has since updated that POS system’s software and also issued instructions to operators to follow a different procedure for BOGO coupons for modified Croissan’wiches, “pursuant to which cashiers are required to manually select the lower-priced of the two purchased Croissan’wich before pressing the appropriate coupon button on the register screen.” 

Burger King Corp. did not respond at press time to inquiries about how much it anticipated spending in the settlement.

Contact Bret Thorn at [email protected] 

Follow him on Twitter: @foodwriterdiary

About the Author

Bret Thorn

Senior Food Editor, Nation's Restaurant News

Senior Food & Beverage Editor

Bret Thorn is senior food & beverage editor for Nation’s Restaurant News and Restaurant Hospitality for Informa’s Restaurants and Food Group, with responsibility for spotting and reporting on food and beverage trends across the country for both publications as well as guiding overall F&B coverage. 

He is the host of a podcast, In the Kitchen with Bret Thorn, which features interviews with chefs, food & beverage authorities and other experts in foodservice operations.

From 2005 to 2008 he also wrote the Kitchen Dish column for The New York Sun, covering restaurant openings and chefs’ career moves in New York City.

He joined Nation’s Restaurant News in 1999 after spending about five years in Thailand, where he wrote articles about business, banking and finance as well as restaurant reviews and food columns for Manager magazine and Asia Times newspaper. He joined Restaurant Hospitality’s staff in 2016 while retaining his position at NRN. 

A magna cum laude graduate of Tufts University in Medford, Mass., with a bachelor’s degree in history, and a member of Phi Beta Kappa, Thorn also studied traditional French cooking at Le Cordon Bleu Ecole de Cuisine in Paris. He spent his junior year of college in China, studying Chinese language, history and culture for a semester each at Nanjing University and Beijing University. While in Beijing, he also worked for ABC News during the protests and ultimate crackdown in and around Tiananmen Square in 1989.

Thorn’s monthly column in Nation’s Restaurant News won the 2006 Jesse H. Neal National Business Journalism Award for best staff-written editorial or opinion column.

He served as president of the International Foodservice Editorial Council, or IFEC, in 2005.

Thorn wrote the entry on comfort food in the Oxford Encyclopedia of Food and Drink in America, 2nd edition, published in 2012. He also wrote a history of plated desserts for the Oxford Companion to Sugar and Sweets, published in 2015.

He was inducted into the Disciples d’Escoffier in 2014.

A Colorado native originally from Denver, Thorn lives in Brooklyn, N.Y.

Bret Thorn’s areas of expertise include food and beverage trends in restaurants, French cuisine, the cuisines of Asia in general and Thailand in particular, restaurant operations and service trends. 

Bret Thorn’s Experience: 

Nation’s Restaurant News, food & beverage editor, 1999-Present
New York Sun, columnist, 2005-2008 
Asia Times, sub editor, 1995-1997
Manager magazine, senior editor and restaurant critic, 1992-1997
ABC News, runner, May-July, 1989

Education:
Tufts University, BA in history, 1990
Peking University, studied Chinese language, spring, 1989
Nanjing University, studied Chinese language and culture, fall, 1988 
Le Cordon Bleu Ecole de Cuisine, Cértificat Elémentaire, 1986

Email: [email protected]

Social Media:
LinkedIn: https://www.linkedin.com/in/bret-thorn-468b663/
Facebook: https://www.facebook.com/bret.thorn.52
Twitter: @foodwriterdiary
Instagram: @foodwriterdiary

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