McDonald's Quarter Pounder lawsuit alleges customers charged for unwanted cheese

Zlati Meyer | USA TODAY

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Any way you slice it, a lawsuit filed against McDonald's is going to get more than a quarter-pound of attention when it comes to pricing policies.

Two McDonald's customers are suing the burger chain, alleging they were forced to pay for cheese they didn't want on their Quarter Pounders and Double Quarter Pounders.

The diners say they have to spend 30 to 90 cents for slices of cheese they don't want and must ask to have excluded from their burger orders, according to documents filed In the lawsuit seeking class-action status in federal court in Florida this month.

Defendants Cynthia Kissner and Leonard Werner say in their suit that they were forced to order the McDonald's Quarter Pounders with cheese — and then had to remove the offending slices. Store and drive-through signs have been changed to omit the cheese-free options.

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The lawsuit accuses the Oak Brook, Ill.-based fast-food giant of breaking antitrust laws by creating what's called an "illegal tying arrangement" and says what it's doing is unfair deceptive and misleading.

"These products cannot be purchased either separately or as part of a value meal, without the customer being overcharged and being compelled to pay for unwanted and undelivered cheese," the lawsuit states, "McDonald's is being unjustly enriched by these practices, because it receives payment for cheese it does not deliver to its customers."

The suit refers to money earned through corporate-owned locations as well as franchised ones, which pay the company revenue-based fees.

"We do not believe the claims in this lawsuit have legal merit," McDonald's said in an email. "The advertised Quarter Pounder burger comes with cheese. We try to accommodate our customers’ requests by allowing them to customize their orders, such as a Quarter Pounder with no cheese."

The company also said franchisees decide on menu prices to be competitive in their markets.

People who order through the McDonald's app or through a delivery service can get their Quarter Pounders, Double Quarter Pounders or value meals containing one of them either without cheese — and for a lower price, the suit alleges.

The Quarter Pounder was trademarked in 1975 as a frozen beef patty, a sesame-seed bun, one tablespoon of diced fresh onion, mustard, ketchup and two Heinz pickle slices, according to the lawsuit.

Burger King attempts to one-up McDonald's with new sandwich Burger King introduced a new menu, the Double Quarter Pound King sandwich. And many say it's a clear imitation of McDonald's longtime item, the Double Quarter Pounder.

Follow USA TODAY reporter Zlati Meyer on Twitter: @ZlatiMeyer