Antitrust Law Daily Wrap Up, ADVERTISING NEWS: Consumer not lovin’ McDonald’s allegedly false mozzarella sticks ads, (Feb 4, 2016)

By Greg Hammond, J.D.

McDonald’s has allegedly mislabeled and falsely advertised its mozzarella sticks product as being made with “pure mozzarella,” “real mozzarella,” and “100% real cheese,” when they purportedly contain a starch “filler” rendering the product “outside the standard of identity of mozzarella cheese,” according to a complaint filed in the federal district court in Riverside, California (Howe v. McDonald’s Corp., January 29, 2016).

A consumer claims that McDonald’s began selling its “Mozzarella Sticks” product in 2015, advertising the product as being made with “pure mozzarella,” “real mozzarella,” and “100% real cheese.” After testing the central core of the cheese, however, the consumer claims that the product contains 3.76 percent starch by weight, constituting non-permitted substances that render the product outside the standard of identity of mozzarella cheese. In particular, the consumer asserts that McDonald’s uses starch as a cheap filler due to starch’s ability to add bulk and weight at a fraction of the cost of real cheese. The consumer therefore alleges that McDonald’s adulterated the supposed “mozzarella” of its product and that the mozzarella sticks’ labeling and advertising is misleading, deceptive, unfair, and fraudulent.

Bringing a class action on behalf of all consumers who purchased McDonald’s mozzarella cheese sticks in 43 states and the District of Columbia, the consumer alleges that McDonald’s violated: (1) the unlawful, unfair, and fraudulent prongs of California’s Unfair Competition Law; (2) California’s False Advertising Law; and (3) California’s Consumers Legal Remedies Act. The consumer also brought claims for breach of express warranty and unjust enrichment.

In addition to seeking an order certifying the case as a class action, the consumer requests damages; restitutionary and non-restitutionary disgorgement; an immediate cease and desist order and injunction; attorney fees and costs; and pre- and post-judgment interest.

The Case is No. 5:16-cv-00176-JGB-DTB.

Attorneys: John H. Donboli (Del Mar Law Group, LLP) Charles J. LaDuca (Cuneo Gilbert & LaDuca, LLP), and Melissa W. Wolchansky (Halunen Law) for Chris Howe.

Companies: McDonald’s Corp.

News: Advertising StateUnfairTradePractices CaliforniaNews