ShareThis Page
Judge tosses couple’s McDonald’s lawsuit over unwanted cheese |

Judge tosses couple’s McDonald’s lawsuit over unwanted cheese

| Thursday, November 8, 2018 2:27 p.m.
Mike Stewart/AP
McDonald’s Quarter Pounder used to come in two prices — one with cheese and one without. That’s no longer the case. There’s one price, whether you want the cheese or not.

Whether you want the cheese or not, you’re gonna pay for it.

That’s the end result of a $5 million lawsuit that was tossed out of federal court in Florida last week.

The Miami Herald reports U.S. District Judge William Dimitrouleas granted a motion filed by McDonald’s to dismiss a lawsuit filed by a South Florida couple that claimed they were forced to pay for cheese they didn’t want.

Back in May, Cynthia Kissner and Leonard Werner ordered a Quarter Pounder with Cheese, but asked there be no cheese on the burger. However, they were still charged the regular price. According to the Herald, the couple argued that hamburgers and cheeseburgers are different prices, so they shouldn’t have to pay for cheese they weren’t getting.

McDonald’s used to have its Quarter Pounders priced with and without the cheese — the without option was about 30 to 90 cents less. In recent years, the chain has gone to offering only a Quarter Pounder with Cheese — at a single price point.

The Herald reports the couple claimed to having “suffered injury as a result of their purchases because they were overcharged.”

“McDonald’s is being unjustly enriched by these practices because it receives payment for cheese it does not deliver to its customers,” the lawsuit states.

The court sided with McDonald’s that even though cheese is part of several items on the menu — Big Macs and Filet-o’-Fish — the couple can’t claim “a slice of cheese” as a distinct menu item with a specific valuation.

The Herald says the judge’s dismissal said the couple “failed to state any viable claims” for their damages, which is a requirement in making their case.

Dimitrouleas dismissed the suit — filed in the U.S. District Court in Fort Lauderdale — “with prejudice,” which means they won’t be able to refile the lawsuit.

Chris Pastrick is a Tribune-Review staff writer. You can contact Chris at 724-226-4697, or via Twitter @CPastrickTrib.

TribLIVE commenting policy

You are solely responsible for your comments and by using you agree to our Terms of Service.

We moderate comments. Our goal is to provide substantive commentary for a general readership. By screening submissions, we provide a space where readers can share intelligent and informed commentary that enhances the quality of our news and information.

While most comments will be posted if they are on-topic and not abusive, moderating decisions are subjective. We will make them as carefully and consistently as we can. Because of the volume of reader comments, we cannot review individual moderation decisions with readers.

We value thoughtful comments representing a range of views that make their point quickly and politely. We make an effort to protect discussions from repeated comments either by the same reader or different readers

We follow the same standards for taste as the daily newspaper. A few things we won't tolerate: personal attacks, obscenity, vulgarity, profanity (including expletives and letters followed by dashes), commercial promotion, impersonations, incoherence, proselytizing and SHOUTING. Don't include URLs to Web sites.

We do not edit comments. They are either approved or deleted. We reserve the right to edit a comment that is quoted or excerpted in an article. In this case, we may fix spelling and punctuation.

We welcome strong opinions and criticism of our work, but we don't want comments to become bogged down with discussions of our policies and we will moderate accordingly.

We appreciate it when readers and people quoted in articles or blog posts point out errors of fact or emphasis and will investigate all assertions. But these suggestions should be sent via e-mail. To avoid distracting other readers, we won't publish comments that suggest a correction. Instead, corrections will be made in a blog post or in an article.