Woman suing McDonald's alleging it hid combo upcharge for orange juice in Palm Springs

A woman who frequented two McDonald’s in Palm Springs is suing the fast-food megacorporation because she says it does not make clear the orange juice she frequently orders with her breakfast combo costs $1.40 extra.

Rancho Mirage Attorney Cameron Nazemi filed the class-action lawsuit in U.S. District Court in December on behalf of Amber Meyers and anyone else who “purchased a breakfast combo meal with an orange juice based on false and misleading advertisements” by McDonald's.

The complaint alleges that Meyers was unknowingly subject to the upcharge every time she ordered orange juice with her combo because advertisements near the drive-thru suggested that orange juice could be ordered for the combo price and the upcharge was only explained in smaller, harder-to-see type. That type states “meals include hashbrown and a small premium roast coffee. Pick a different drink or side for an additional charge.”

 While the charge was $1.40 at the locations frequented by Meyers, the actual amount appears to vary throughout the country.

The complaint also alleges that McDonalds’ drive-thru boards itemize the components of combo orders in a misleading way with the cost of the meal bolded but then the orange juice upcharge listed as an unbolded "subline item", making it appear as if the cost of the orange juice is included in the price of the meal. It further states that employees did not mention the additional cost of an orange juice unless asked, although it does not say if Meyers herself ever asked.

According to the complaint, the only notice provided of the upcharge is on the receipt given after purchase does note the orange juice surcharge, according to the complaint. However, Nazemi writes that the defendant never paid attention to the receipt because she “believed that McDonalds, as likely the largest fast food chain in the world, wouldn’t try to hide a fee.”

The complaint concludes that McDonald's alleged false advertising is “unfair and financially damaging” to costumers and results in “unfair competition.”

In addition to damages, restitution and a disgorgement of the profits earned from upcharge, the complaint requests that the judge order McDonald's to stop charging an orange juice surcharge and pay attorney’s fees and punitive damages.

It also states that McDonald's should be responsible for “identifying victims of their misconduct and pay them restitution and disgorgement of all monies acquired by means of any act or practice declared by this Court to be wrongful or unlawful.”

The filing includes links to several social media posts and a video in which users complain about the orange juice upcharge.

McDonalds was served on Jan. 5 and has 21 days to respond to the complaint, according to online court documents. The company did not immediately respond to a request for comment.

Paul Albani-Burgio covers growth, development and business in the Coachella Valley. Follow him on Twitter at @albaniburgiop and email him at paul.albani-burgio@desertsun.com.