Florida couple Cynthia Kissner and Leonard Werner sued McDonald’s for $5 million over some cheese.
They argued that, while the fast-food chain sells cheeseburgers and hamburgers at different prices, the only menu option for the Quarter Pounder is a with cheese. They pointed out that there’s about a 60–90 cent difference between a cheeseburger and a hamburger. Therefore, having only one price option for a Quarter Pounder means that McDonald’s is making an extra 60–90 cents a burger if a customer requests one without the cheese.
Last Friday, the lawsuit was thrown out by U.S. District Judge William Dimitrouleas “with prejudice.” This means that Kissner and Werner will be barred from refiling the lawsuit at a later date.
Kissner and Werner’s lawsuit stated:
“McDonald’s is being unjustly enriched by these practices because it receives payment for cheese it does not deliver to its customers.”
But the judge found that the plaintiffs had not provided sufficient evidence that they had been caused harm by needing to pay more. Additionally, Judge Dimitrouleas stated that the plaintiff’s argument is “absurd.”
His dismissal went on to say:
“Under any common sense analysis, there is no market for a customer to come into a McDonald’s restaurant and order a slice or two of ‘cheese’ as a product that is separate, distinct, and independent from any other product or menu item. Nor is there a separate product market for a customer to order a slice of tomato, or a slice of lettuce, or a slice of pickle, etc.”
Kissner and Werner weren’t the only ones with McDonald’s problems.
— eU Skyler (@RelyksOG) November 9, 2018
Ordered #vegetarian burger yesterday @McDonalds & received beef burger. Staff simply offered to change it w/o a word of apology. I left on seeing such insensitivity & ignorance to people’s eating preferences. I’m strictly vegetarian & this behavior is absolutely shocking. pic.twitter.com/DRTvmlzT6E
— Supriya (@supriya_trika) November 9, 2018
— Tammie (@duckieTL) November 9, 2018
— Manny (@Final_Phorm) November 9, 2018
— mama???? (@MamaBear0f0ne) November 8, 2018
— кαямα (@Shekel_Thief) November 9, 2018
For the record, none of these people decided to sue.