Wolf Popper LLP is co-counsel to the plaintiffs in this consumer class action lawsuit alleging that Defendants McDonald’s USA, LLC and McDonald’s Corporation (“McDonald’s”) falsely advertised that orange juice was included in one or more of its breakfast meals.
Plaintiffs allege that McDonald’s misleads its customers by including a picture of the juice on its meal boards alongside one or more of its fixed-price breakfast meals. As alleged, in reality, McDonald’s adds a surcharge for consumers who order an orange juice as part of their breakfast meal. As a result, plaintiffs allege they were harmed by purchasing an orange juice that they would not have, or by paying a premium that they would not have had they been aware of the orange juice surcharge.
On February 26, 2025, the Honorable Judge Jesus G. Bernal issued an order in large part denying McDonald’s’ motion to dismiss the class action complaint, in which he sustained claims under the California and Nevada consumer protection statutes, as well as under California common law. In the order sustaining these claims, Judge Bernal noted that plaintiffs had alleged that they “would not have purchased an orange juice had they known of the surcharge.”
The parties have entered discovery, and the case is currently pending in the United States District Court for the Central District of California.