McDonald’s orange juice class action to proceed

Update:

• A federal court has cleared the way for nationwide claims in the McDonald’s breakfast ad class action lawsuit.
• McDonald’s Corporation, the parent entity, was dismissed from the case, but California District Judge Jesus G. Bernal ruled that McDonald’s USA LLC must continue to defend against multiple serious claims under common law.
• Based on common law claims for fraudulent concealment, intentional misrepresentation and negligent misrepresentation, the case will now proceed nationwide.
• The judge also upheld claims brought under various California and Nevada consumer laws and denied McDonald’s USA’s contention that it could not be held responsible for the practices of its franchise locations.
• The lawsuit alleges McDonald’s USA misled consumers about surcharges for orange juice, which plaintiffs believed were included in the advertised meal prices.

McDonald’s class action lawsuit overview: 

• Who: A group of consumers filed a class action lawsuit against McDonald’s Corp. and McDonald’s USA LLC. 
• Why: The consumers claim McDonald’s falsely advertised its breakfast meals came with orange juice included as part of their fixed price. 
• Where: The class action lawsuit was filed in California federal court. 
• How to get help: Consumers who purchased a McDonald’s breakfast combo with orange juice and were surprised by an additional charge may qualify to join a class action lawsuit. 

McDonald’s falsely advertised that orange juice was included in one or more of its breakfast meals, a third-amended class action lawsuit filed in October alleges. 

A group of consumers claim McDonald’s misleads its customers by including a picture of the juice on its meal boards alongside one or more of its fixed-price breakfast meals.

The class action lawsuit argues that, in reality, McDonald’s adds a surcharge for consumers who order an orange juice as part of their breakfast meal. 

“McDonald’s deceptively misleads consumers by advertising breakfast combination meals to include an orange juice on its menu boards offered at a fixed price,” the McDonald’s class action says. 

The group wants to represent a nationwide class of consumers who were charged a surcharge for an orange juice purchased as part of a McDonald’s breakfast meal advertised to include an orange juice or who purchased an orange juice and were charged an amount in excess of the advertised cost. 

The consumers also want to represent subclasses of individuals from Nevada, California and Florida. 

Plaintiffs would not have bought McDonald’s orange juice, class action says

The class action lawsuit argues one or more of the plaintiffs would not have purchased orange juice or paid less money by purchasing a smaller size had they been aware of the orange juice surcharge. 

“One or more plaintiffs now no longer purchase breakfast or orange juice from McDonald’s because of their negative experience,” the McDonald’s orange juice class action says. 

The consumers claim McDonald’s violates consumer protection laws in California, Florida and Nevada and is guilty of negligent misrepresentation, intentional misrepresentation and fraudulent concealment. 

They demand a jury trial and request declaratory and injunctive relief and an award of punitive damages for themselves and all class members. 

Consumers filed separate lawsuits against McDonald’s in October over claims they became ill with E.coli after consuming food purchased at the fast food restaurants. 

Have you received a surcharge after purchasing a McDonald’s orange juice as part of a McDonald’s breakfast meal ? Let us know in the comments.

The plaintiffs are represented by Cameron Nazemi of CWN, Inc. 

The McDonald’s class action lawsuit is Meyers, et al. v. McDonald’s Corporation, et al., Case No. 5:23-cv-02589, in the U.S. District Court for the Central District of California.

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