McDonald’s class action alleges restaurant charges extra for OJ in breakfast combos

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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