McDonald’s, the Quarter Pounder, and Holding the Cheese!

by: The Knowledge Group

July 10, 2018


Many have heard either the story of or some rumor of a lawsuit complaint against McDonald’s for coffee being too hot, food being too cold, something in the food or some other reason enough to get a lawyer interested. These stories have become engrained in our social myths and chatter from generation to generation. However, the fast food empire is now facing another, very real lawsuit out of Florida seeking class-action status for prices not being adjusted when a customer orders a sandwich and asks McDonald’s to hold the cheese.

Two plaintiffs, Kissner and Werner, have combined their filings in federal court seeking a class action suit against McDonald’s for not adjusting Quarter Pounder pricing when they chose not to have cheese with their sandwiches. McDonald’s response is that the complaints are garbage and nonsense, obviously stated in professional legal jargon (utter nonsense). From the business’ perspective having to adjust pricing on the product every time a customer picks an item and then wants a modification to it would be operational insanity catering to extreme customization. It goes against the very design of McDonalds’ menu which has thrived for decades on standardization.

The suit from the two plaintiffs is asking for $5 million, but if it is awarded class action certification the lawsuit will most certainly have to be settled and will far more, maybe even a billion nationally. McDonald’s has sold that many Quarter Pounders and more of the years that would be sucked into the eligibility class. How that certification goes remains to be seen but if it is won by the plaintiffs, don’t be surprised to see a little note in your mailbox stating you are now part of the litigation class in the lawsuit. Granted, you may only get a coupon for a free Quarter Pounder, but the lawyers on the case will be well paid in real McDonald’s revenue dollars.

The Knowledge Group will be hosting a live webcast that covers the very latest trends and updates in food litigation and how it could impact you and your clients, we hope you can join us on July 25.  The webcast recording will be available and is eligible for Continuing Legal Education (CLE) credit.  Full details, including registration information, can be found by clicking here.