McDonald’s Class Action Says Extra Value Meal Is Deceptively Overpriced

An Illinois man is taking McDonald’s to task for advertising an “Extra Value Meal” that actually costs more than its individual components put together.

Plaintiff James Gertie is suing defendant Karis Management Co. Inc., a Cook County-based McDonald’s franchisee that operates more than a dozen McDonald’s restaurants in the region.

Gertie accuses McDonald’s of deceptively advertising its two cheeseburger combination meal as having “Extra Value,” then overcharging customers for that meal.

The plaintiff says that under McDonald’s ordinary menu pricing, the total price for the contents of a two-cheeseburger “Extra Value Meal” would be $5.49. His McDonald’s class action lawsuit breaks down the price of each individual menu item:

• Two cheeseburgers: $2.50
• Medium fries: $1.99
• Medium soft drink: $1

When those three items get combined in an “Extra Value Meal,” Gertie says McDonald’s advertises the meal at a price of $5.90 – 41 cents more than the total price of the separate products.

The allegedly deceptive advertising extends beyond the phrase “Extra Value” to include other promotional materials besides the combination’s name, Gertie claims. His McDonald’s class action lawsuit includes advertising copy that encourages customers to “[g]et a tasty meal at a great price” by buying an “Extra Value Meal.”

He includes more advertising copy that reads: “You value food just as much as you value a good price. Thanks to our delicious meal bundles, you can have both. A meal with quality ingredients that’s easy on the wallet? That’s a great deal.”

Gertie claims McDonald’s purposely advertises this meal as a “value” to deceive customers into paying more for it than they would have otherwise.

“Defendant acted intentionally and deliberately, with the intention of deceiving Plaintiff and the Class,” Gertie says. “Defendant has maliciously, recklessly and with wanton disregard of Plaintiff’s and Class Members’ property rights concocted and maintained their scheme to deceive Plaintiff and Class Members and take their money.”

He argues McDonald’s advertising of its “Extra Value Meal” violates provisions of the Illinois Consumer Fraud and Deceptive Business Practices Act.

Gertie alleges he bought a two cheeseburger “Extra Value Meal” on at least five different occasions from four different McDonald’s locations in the Cook County, Illinois area.

On each occasion, he says, he relied on McDonald’s representations that the combination meal was a “value,” as opposed to buying each of the meal’s items separately. And each time, he paid 41 cents more than he could have paid if he ordered the items one at a time, he claims.

Gertie is proposing to represent a Class of all McDonald’s customers who bought a two cheeseburger “Extra Value Meal” from 14 specific McDonald’s locations in northern Illinois. He expects Class Members that meet this definition will number in the hundreds.

He seeks an award of damages, disgorgement of funds McDonald’s received via the allegedly deceptive advertising, and court costs, all with prejudgment interest.

The plaintiff is represented by attorneys Paul F. Markoff and Karl G. Leinberger of Markoff Leinberger LLC.

The McDonald’s Extra Value Meal Class Action Lawsuit is James W. Gertie v. Karis Management Co. Inc. d/b/a McDonald’s, Case No. 2016-CH-16090, in the Cook County Circuit Court for the State of Illinois.