McDonald’s Faces ‘Mozzarella’ Cheese Sticks Class Action Lawsuit

McDonald’s is facing a putative $5 million class action lawsuit over allegations that the fast food chain deceptively labels their “mozzarella” sticks as being made with “100% real cheese” when they actually contain filler substances.

Lead plaintiff Chris Howe of California filed the McDonald’s class action lawsuit after claiming to be misled by the marketing that further labeled the popular appetizer as being made with “pure mozzarella.”

According to the McDonald’s mozzarella class action lawsuit, the sticks contain a starch mixture in order to add bulk and weight at a fraction of the cost of real cheese. Howe says McDonald’s reasons for doing this is obvious, “inserting filler in its Sticks allows McDonald’s to save money and increase its profit.”

The McDonald’s lawsuit states that any reasonable customer would believe that mozzarella sticks advertised as made with “100% real cheese” would not include starch. Howe argued that the inclusion of starch to the cheese sticks is actually a violation of federal law.

According to the complaint, mozzarella has a federal standard of identity when means that it must include certain ingredients, while other ingredients are considered optional. The McDonald’s class action lawsuit states that mozzarella cheese must be made with cow’s milk, nonfat milk or cream as well as clotting enzymes of an animal, plant or microbial origin.

Mozzarella makers have the option to add ingredients including vinegar, coloring to mask any natural yellow, salt, or antimycotics (during the kneading/stretching process) to prevent the growth of fungi.

“Ingredients which are not listed as optional or necessary under a standard of identity are not permitted to be included in products purporting to have that identity,” according to the McDonald’s cheese lawsuit.

Howe says he purchased the McDonald’s cheese sticks in December for $1.29 for three of them. The plaintiff said he would not have bought them had he known that they were falsely advertised as “pure mozzarella” cheese.

The McDonald’s mozzarella cheese lawsuit states that class action is the most appropriate form of litigation for this type of case because “While not inconsequential, the damages as to any individual litigant are such that individual litigation is not feasible.”

Howe further argues that many potential Class Members may not even be aware that they have claim, therefore making a class action lawsuit the only way for them to have their rights vindicated.

In addition to monetary compensation, the McDonald’s class action lawsuit is seeking a cease-and-desist order prohibiting McDonald’s from continuing to advertise cheese sticks as  “pure mozzarella,” “real mozzarella,” or “100% real cheese.”

If approved the McDonald’s class action lawsuit would be open to U.S. Class Members who purchased McDonald’s Mozzarella Cheese Sticks as well as a subclass of California customers who purchased the appetizer as well.

Howe is represented by John H. Donboli and J.L. Sean Slattery of Del Mar Law Group LLP; Charles J. LaDuca, Benjamin D. Elga and Taylor Asen of Cuneo Gilbert & LaDuca LLP; and Melissa W. Wolchansky of Halunen Law.

The McDonald’s Mozzarella Cheese Class Action Lawsuit is Howe v. McDonald’s Corp., Case No. 5:16-cv-00176, in U.S. District Court for the Central District of California.