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Florida judge dismisses $5M lawsuit against McDonald's over slice of cheese

By Najja Parker,The Atlanta Journal-Constitution

(Photo by Justin Sullivan/Getty Images)

By Najja Parker,The Atlanta Journal-Constitution

A Florida judge has reportedly dismissed a class-action lawsuit against McDonald's that alleged the chain engaged in deceptive and misleading business practices with the sale of one of the menu items.

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The $5 million suit was filed in May by Andrew Lavin, of the Miami-based Lavin Law Group, in May after two customers, Cynthia Kissner and Leonard Werner, complained about the price of the Quarter Pounder with Cheese. The patrons said they were charged the full price of a Quarter Pounder with Cheese, although they ordered the burger without cheese.

"These products cannot be purchased either separately or as part of a value meal, without the customer being overcharged and being compelled to pay for unwanted and undelivered cheese," the lawsuit stated, according to The Miami Herald. "McDonald's is being unjustly enriched by these practices, because it receives payment for cheese it does not deliver to its customers."

However, U.S. District Judge William Dimitrouleas disagreed and threw out the case "with prejudice," which means the plaintiffs cannot file the suit again, The Miami Herald reported.

Dimitrouleas said the two individuals failed to prove they were harmed by paying more for a Quarter Pounder without cheese.

“A pleading must contain a ‘short and plain statement of the claim showing that the pleader is entitled to relief,’” the judge said in his ruling. “This pleading standard ‘does not require detailed factual allegations,’ but it demands more than an unadorned, the-defendant-unlawfully-harmed me accusation.”

Although the plaintiffs argued the fast food company’s app offers the Quarter Pounder without cheese for about 30 cents less than the one with cheese, the restaurant said, “The McDonald’s App does not constitute advertising because product availability and pricing on the App varies as a customer changes location and the App clearly states the same.”

The restaurant successfully refuted the argument, according to Dimitrouleas. He said the customers "failed to state any viable claims after two attempts. Moreover, it is clear that additional amendments would be futile."

Read the full report on The Miami Herald.

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