Man Settles With Burger King Over Used Condom In Whopper

Old school Consumerist readers may remember the 2007 story of the Vermont man who sued Burger King after claiming he found a used condom in his Whopper. Three years later, a lawyer for the man has announced that the matter has been settled out of court.

The case was supposed to head into jury selection next month, but the Rutland Herald in Vermont reports that on Oct. 6, lawyers for both sides told the court they had reached a settlement and asked for the case to be dismissed.

Details of the settlement are sealed.

In the original suit, the plaintiff said he had ordered a Southwestern Whopper from a Burger King in Fair Haven, VT, and when he returned home to eat his food with his family, he discovered the discarded condom. He says that when he complained to the manager, the matter was laughed off.

At the time, both BK and the company that owns that particular franchise issued denials of any wrongdoing.

Condom in hamburger claim settled [Rutland Herald via]


Edit Your Comment

  1. Osagasu says:

    It took -three years- for anything to happen with this? Good lord, what is going on with our legal system?

    • ktetch says:


    • ParingKnife ("That's a kniwfe.") says:

      This is why I make my own lawsuits at home.

    • Thyme for an edit button says:

      A lot of courts are backlogged. Civil cases are pushed back as criminal cases take priority. In addition, lawyers often engage in procedural maneuvering to delay cases. Not surpised it took three years. People complain about arbitration, but it’s a lot quicker.

      • Applekid ┬──┬ ノ( ã‚œ-゜ノ) says:

        Instead of treating the symptom, they should be treating the cause: the systematic criminalization of everything.

        • dolemite says:

          NO DOUBT. We are locking away people for sending spam mail (yeah, millions, but who cares), or altering the Comcast homepage for a few hours, or smoking pot in their own homes. Seriously, each day something new becomes illegal, and just about everything illegal carries jail time, whether it is a high-cost or violent crime, or a no cost or victimless crime.

        • BomanTheBear says:

          PREACH. IT. BROTHER.

        • c!tizen says:

          awwwwwe, I thought you were going to promote the systematic criminalization of condoms.

      • ShadowFalls says:

        Maybe, but arbitration rarely goes in favor of the consumer regardless of how much you can prove.

    • Clyde Barrow says:

      I hope this guy didn’t get oral herpes like the little kid that happened across an open condom in his hotel room.

  2. ktetch says:

    I hate sealed out of court settlements.

    If they did wrong (which you tend to admit by offering an out of court settlement) then you should have to admit it.By sealing it under NDAs you’re just doing a cover up. And if you didn’t do it, that should be easy enough to prove at trial.

    • Doubts42 says:

      easy how? by spending hundreds of thousands of dollars on lawyers and court fees? There is abiut an even chance that this guy put the condom in hoping for a payday, but dragging it through cthe courts could cost more than just settling.

    • Applekid ┬──┬ ノ( ã‚œ-゜ノ) says:

      I’d like to say I’d have the moral fortitude to refuse a sealed settlement, but, if they’re going to offer me enough money to cancel my debts and live the rest of my life without having to work, I’d probably take the cash and let them seal it.

    • Hoss says:

      It’s called cutting losses. Why spend $50,000 on lawyer fees when $10,000 settles the matter?

  3. The cake is a lie! says:

    That is typical. Any case hoping to see a jury trail will take at least two years before it happens. With all the paperwork and motions and time extentions… Lawyers don’t have any reason to bring it to trail quickly. They bill by the hour, remember?

    • Naame says:

      Bingo. Any lawyer who is willing to be honest with you will say that it is all about the billable hours.

  4. obits3 says:

    Wow, that’s disgusting! Did he get checked for STD’s and such? wow…

  5. Oranges w/ Cheese says:

    You can prepare all sorts of meals at home, don’t necessarily have to be vegetarian.

  6. Thyme for an edit button says:

    The public doesn’t really have the right to know about the terms of a private agreement.

  7. Floppywesl says:

    wow that takes “Have it your way ” to new levels, I’ll have a whopper , cheese ,lettuce, extra pickles and a ribbed magnum hold the astroglide oh and a diet coke.

  8. Bativac says:

    I find delicious SPAM to be even better than vegetarian recipes.

  9. 3skr1mad0r says:

    Majority of your comments on Consumerist have included a link to this veggie website. Is it your personally owned site or something?

  10. Jane_Gage says:

    If the condom isn’t cryogenically frozen, and DNA assays aren’t run on every employee and friends of employees, (which doesn’t preclude someone finding it in a park and winging it on top of the burger), I doubt guilt or innocence could be proven. The manager probably laughed at him because it was considered the ol’ roach in the pasta free tab trick.

  11. SG-Cleve says:

    How could the guy possibly prove the condom was put there by Burger King? Especially after the whole Wendy’s “finger in the chili” fiasco I doubt any juror would believe his story.

    The only way BK should have caved is if an employee at the restaurant witnessed the event.

    If it really was there I’d be more inclined to believe that it was the finger from a vinyl glove than a condom.

  12. MongoAngryMongoSmash says:

    “Details of the settlement are sealed.”

    And had the condom been as such, it probably wouldn’t have gotten this far in the legal system.

  13. CBenji says:

    I read this when I was eating and it made me want to puke. Just too gross for words. Yikes.

  14. Joseph S Ragman says:

    Um … the linked article seems to be hiding behind a pay wall.

  15. B says:

    I know that Burger King. Seems like a good reason to avoid it in the future. Always nice when my local paper makes Consumerist.
    (Last time was for a meth lab, if I remember correctly)

  16. DurkaDurkaDurka says:

    Of course its a used condom, Burger King was done using it to protect their meat.

  17. Optimistic Prime says:

    Everyone knows you’re supposed to put your whopper in a wrapper, not the other way around.