Florida judge rejects $ 5 million lawsuit against McDonald's

A Florida judge allegedly dismissed a class action against McDonald's, alleging that the chain had engaged in misleading and deceptive marketing practices when selling one of the items on the menu.

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The $ 5 million lawsuit was filed in May by Lavin Law-based Andrew Lavin of Miami, after two clients, Cynthia Kissner and Leonard Werner, complained about the Quarter Pounder with Cheese award. Customers said they had to pay the total price of a Quarter Pounder with cheese, although they ordered a burger without cheese.

>> Read: Customers forced to pay cheese sue McDonald's for $ 5 million, says lawsuit

"These products can not be purchased separately or as part of a quality meal, without the customer being overburdened and forced to pay for unwanted and undelivered cheese," according to the lawsuit, according to the Miami Herald . "McDonald's unfairly enriches these practices because it receives a payment for cheese that it does not deliver to its customers."

However, US District Judge William Dimitrouleas disagreed and dismissed the case "with prejudice," which means plaintiffs can no longer sue, the Miami Herald reported.

Dimitrouleas stated that the two individuals had failed to prove that they had been harmed by paying more for a Quarter Pounder without cheese.

"A pleading must contain a" brief and clear statement of the claim showing that the litigant is entitled to compensation, "said the judge in his decision," This standard of oral argument "does not require detailed factual allegations", but it requires more than a no-nonsense charge, the defendant, which has unlawfully harmed me. "

Although the plaintiffs claimed that the fast food company's application offered the Quarter Pounder no cheese about 30 cents less than the cheese one, the restaurant said, "The McDonald's app" does not constitute an advertisement because the availability and prices of the products vary location and the application clearly indicates the same thing. "

The restaurant managed to refute the argument, according to Dimitrouleas. He added that customers "did not make viable claims after two attempts. In addition, it is clear that additional amendments would be unnecessary. "

Read the full report on the Miami Herald.