Status: In progress

Meyers, et al. v. McDonald’s Corp., et al.

McDonald’s is accused of advertising breakfast combos with a picture of orange juice on its menu board but then charging a surcharge that was not advertised for the orange juice option.

  • Deadline to file a claim: TBD
  • Proof of Purchase Required: No
  • Potential Individual Reward: TBD
  • Total Settlement Amount: TBD
  • States Involved

Jon Styf  |  December 25, 2023

Category: Food
Close up of McDonalds orange juice, representing the McDonald's class action over breakfast combos.
(Photo Credit: Yevhen Roshchyn/Shutterstock)

McDonald’s orange juice class action overview: 

  • Who: McDonald’s is facing a class action lawsuit over a surcharge for including orange juice in breakfast meals. 
  • Why: McDonald’s is accused of advertising breakfast combos including a picture of juice on its menu board, then adding an unadvertised surcharge for the juice option.
  • Where: The McDonald’s class action was filed in federal court in California.

McDonald’s is facing a class action lawsuit saying that it advertises orange juice as part of its breakfast combos but then adds a surcharge for meals that include juice.

McDonald’s doesn’t inform customers on its menu board that the juice will cost more, the breakfast combos lawsuit says.

The McDonald’s policy on juice surcharges violates state consumer protection laws, is a breach of contract, is negligent misrepresentation and results in unjust enrichment for the company, the class action claims.

“McDonald’s deceptively misleads consumers by advertising breakfast combination meals to include an orange juice on its menu boards, at a cost that differs from the advertised price, adding a surcharge to customers who order an orange juice as a part of the breakfast meal,” the McDonald’s breakfast combos lawsuit says.

Menu board doesn’t include asterisk or notation of special OJ upcharge pricing

Despite the McDonald’s breakfast combos having a photo of orange juice included, there is no asterisk or notification that special pricing applies to ordering juice with the meal, the lawsuit claims.

The only time that the juice surcharge is disclosed to the consumer is on the receipt after payment for the meal is made, the McDonald’s breakfast meal lawsuit says.

“Plaintiff alleges she was never informed of a surcharge by any McDonald’s representative and never paid attention to the receipt, because she believed that McDonald’s, as likely the largest fast-food chain in the world, wouldn’t try to hide a fee,” the McDonald’s class action says.

A federal judge in New York tossed a class action lawsuit in October accusing fast food burger chains McDonald’s and Wendy’s of using advertisements to mislead consumers about the actual size of their burger patties. 

Have you purchased a McDonald’s breakfast meal including orange juice? Let us know in the comments.

The plaintiff is represented by Cameron Nazemi of CWN Inc.

The McDonald’s orange juice class action lawsuit is Meyers, et al. v. McDonald’s Corp., et al., Case No. 5:23-cv-00883, in the U.S. District Court for the Central District of California.


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780 thoughts onMcDonald’s class action alleges restaurant charges extra for OJ in breakfast combos

  1. Michelle Hargett says:

    Add me! I’m tired of getting screwed by these fast food franchises for their overcharging customers! We spend enough just for the basic combos and then get robbed for more if you order OJ! This is not right

  2. Jessica Willis says:

    Please add me to this as I have purchased several breakfast breakfast meals with orange juice and it’s always more than the menu says!

  3. Antoinette Hunter says:

    I purchased a few of them in the past couple of weeks.

    1. Ellen Dotson says:

      I always get a orange juice and they always charge me extra for it.

  4. Bharati Jain says:

    Add me

    1. Kristina Sorenson says:

      I bought multiple so can you add me into the lawsuit please thank you

    2. Jay Wilson says:

      Yes , McDonald’s dose up charge me for O.J. everytime I buy breakfast combo meals …
      I have said something to the the Mgr. About that many times in the past .., all the Mgr. EVER says it’s there policy..

  5. Casie Walters says:

    Please add me – thanks!

  6. John Guyton says:

    I am LEO and I purchase breakfast from McDonalds religiously. I have actually noticed this charge and always thought it was bullshit. Add me

  7. William Lucero says:

    Wow never noticed that, add me please.

  8. Paulina Esquibel says:

    Yes I have and I was also not aware if the price difference. I just thought when I ordered my combo that when asked which I wanted coffee or orange juice. It was the price stated was was just that either choice. And after leaving mc donalds checked my receipt found it to be almost $3 more charges on the combo then stated.

  9. Wendy says:

    I have has this happen to me

  10. Jody A Villanueva says:

    I have purchased those from mc donalds

    1. Paulina Esquibel says:

      Yes I have and I was also not aware if the price difference. I just thought when I ordered my combo that when asked which I wanted coffee or orange juice. It was the price stated was was just that either choice. And after leaving mc donalds checked my receipt found it to be almost $3 more charges on the combo then stated.

      1. Angela Chapman says:

        I have had this happen.

    2. Angela Chapman says:

      I have had this happen.

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