Magee v. McDonald's
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McDonald's has been involved in a number of lawsuits and other legal cases in the course of the
fast food Fast food is a type of mass-produced food designed for commercial resale, with a strong priority placed on speed of service. It is a commercial term, limited to food sold in a restaurant or store with frozen, preheated or precooked ingredien ...
chain's 70-year history. Many of these have involved trademark issues, but McDonald's has also launched a
defamation Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
suit which has been described as "the biggest corporate PR disaster in history".


Partnership suits


El Salvador

In 1996, McDonald's
revoked Revocation is the act of recall or annulment. It is the cancelling of an act, the recalling of a grant or privilege, or the making void of some deed previously existing. A temporary revocation of a grant or privilege is called a suspension. Co ...
businessman Roberto Bukele's franchise for his restaurants in
El Salvador El Salvador (; , meaning " The Saviour"), officially the Republic of El Salvador ( es, República de El Salvador), is a country in Central America. It is bordered on the northeast by Honduras, on the northwest by Guatemala, and on the south b ...
. McDonald's told Bukele the franchise he had operated for 24 years had expired and wouldn't be renewed. Bukele, who had a 1994 agreement that he believed extended the franchise to 2014, refused to close or rebrand his restaurants. McDonald's won in the lower courts, but appellate courts sided with Bukele and eventually in 2012 McDonald's was ordered to pay a $23.9 million judgment to Bukele. Bukele alleged that he never received the $23.9 million judgment and has filed a new demand in court for $21 million in interest on the award.


McDonald's India – Vikram Bakshi partnership case

On 30 August 2013, McDonald's published a public notice in select newspapers, declaring that McDonald's India partner Vikram Bakshi had ceased to be the managing director of Connaught Plaza Restaurants (CPRL) pursuant to the expiration of his term on July 17, 2013. CPRL was a joint venture between McDonald's and Vikram Bakshi, and was responsible for managing the over 150 McDonald's outlets in North and East regions of India. Bakshi had been the face of the company in India for almost two decades. After being ousted abruptly, Bakshi sought to fight for his stake and rights before the
Company Law Board The National Company Law Tribunal is a quasi-judicial body in India that adjudicates issues relating to Indian companies. The tribunal was established under the Companies Act 2013 and was constituted on 1 June 2016 by the government of India an ...
(CLB). Bakshi said he brought over worth of revenue for the American food chain. McDonald's sought to buy the 50% share in CPRL held by Bakshi and his wife for , whereas Bakshi sought for the same. Bakshi accused Amit Jatia, who manages the chain in West and South India under
Hardcastle Restaurants Westlife Foodworld Limited (formerly Westlife Development Limited) is an Indian fast food restaurant holding company. Its wholly owned subsidiary Hardcastle Restaurants Pvt. Ltd. (HRPL) holds the master franchise for McDonald's in western India ...
, of instigating McDonald's. McDonald's had sold their 50% share of the Hardcastle Restaurants joint venture to Jatia at a reported loss of 99% in 2011, making it a
master franchise A master franchise is a franchise relationship in which the owner of the franchise brand (the master franchisor) grants to another party the right to recruit new franchisees in a specific area. In exchange, the other party typically pays some pric ...
e. The court is under the ambit of CLB with hearing beginning in early October 2013. In 2017, the National Company Law Tribunal (the successor of the CLB) reinstated Bakshi as managing director of Connaught Plaza Restaurants. In 2019, Bakshi and McDonald's reached a settlement where McDonald's would buy Bakshi share in CPRL for an undisclosed amount and become the sole owner.


Defamation


McLibel (UK)

In 1990, McDonald's took environmental campaigners
Helen Steel Helen Steel (born 1965) is an environmental and social justice activist who is known for her involvement in the McLibel case, an English lawsuit for libel filed by McDonald's Corporation that lasted for 10 years and was eventually taken to the Eur ...
and Dave Morris to court after they distributed leaflets entitled ''What's Wrong with McDonald's?'' on the streets of London. The high-profile trial, which came to be known as the McLibel Case, lasted nearly ten years, the longest in English legal history. Though a High Court judge eventually ruled in favour of McDonald's on some counts, '' The Guardian'' environmental editor John Vidal called it a
Pyrrhic victory A Pyrrhic victory ( ) is a victory that inflicts such a devastating toll on the victor that it is tantamount to defeat. Such a victory negates any true sense of achievement or damages long-term progress. The phrase originates from a quote from P ...
. The extended legal battle was a PR disaster, with every aspect of the company's working practices being scrutinised and the media presenting the case as a David and Goliath battle. Additionally, the damages received were negligible compared to the company's estimated £10 million legal costs because the court ruled in favour of a number of the defendants' claims, including that McDonald's exploited children in its advertising, was anti-trade union and indirectly exploited and caused suffering to animals. McDonald's was awarded £60,000 damages, which was later reduced to £40,000 by the Court of Appeal. Steel and Morris announced they had no intention of ever paying, and the company later confirmed it would not be pursuing the money. Steel and Morris went on to challenge UK
libel laws Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defin ...
in the European Court of Human Rights, claiming that the lack of access to
legal aid Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to co ...
and the heavy burden of proof that lay with them, as the defendants' requirement to prove their claims under UK law was a breach of the
right to a fair trial A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, th ...
and freedom of expression. The court ruled in their favour.


Intellectual property


MacJoy (Philippines)

In 2004, McDonald's sued Cebu-based fast food restaurant MacJoy for using a very similar trade name. In its defense, MacJoy insisted that it was the first user of the mark under the title "MACJOY & DEVICE" for its business in Cebu City which started in 1987, whereas McDonald's only opened its first outlet in the same city in 1992, although it had used the name in Manila since 1971. MacJoy stated that the requirement of “actual use” in commerce in the Philippines before one may register a trademark pertains to the territorial jurisdiction on a national scale and is not merely confined to a certain locality or region. It added that "MacJoy" is a term of endearment for the owner's niece whose name is Scarlett Yu Carcel. In response, McDonald's claimed that there was no connection with the name Scarlett Yu Carcel to merit the coinage of the word "MacJoy" and that the only logical conclusion over the name is to help the Cebu restaurant ride high on their (McDonald's) established reputation. In February 2007, the Philippine Supreme Court upheld the right of McDonald's over its registered and internationally recognized trademarks. As a result, the owners of MacJoy, the Espina family, was forced to change its trademark into MyJoy, which went into effect with the re-opening of its two branches in Cebu City on August that year.


McCoffee (US)

In 1994, McDonald's successfully forced Elizabeth McCaughey of the San Francisco Bay Area to change the trading name of her coffee shop ''McCoffee'', which had operated under that name for 17 years. "This is the moment I surrendered the little 'c' to corporate America," said Ms. McCaughey, who had named it as an adaptation of her surname.


Norman McDonald's Country Drive-Inn (US)

From the early 1960s to the mid-1980s, Norman McDonald ran a small "Country Drive-Inn" restaurant in
Philpot, Kentucky Philpot is an unincorporated community in Daviess County, in the U.S. state of Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the U ...
, called simply "McDonald's Hamburgers; Country Drive-Inn", which at the time also had a gas station and
convenience store A convenience store, convenience shop, corner store or corner shop is a small retail business that stocks a range of everyday items such as coffee, groceries, snack foods, confectionery, soft drinks, ice creams, tobacco products, lottery ticket ...
. McDonald's the restaurant chain forced Norman to remove the arches and add the full ''Norman McDonald's'' name to its sign so customers would not be confused into thinking the restaurant was affiliated with the McDonald's restaurant chain. The restaurant is still open to this day (though it no longer has the gas station).


McChina Wok Away (UK)

In 2001, McDonald's lost a nine-year legal action against Frank Yuen, owner of ''McChina Wok Away'', a small chain of Chinese takeaway outlets in London. Justice David Neuberger ruled the McChina name would not cause any confusion among customers and that McDonald's had no right to the prefix Mc.


McMunchies (UK)

In 1996, McDonald's forced Scottish sandwich shop owner Mary Blair of Fenny Stratford,
Buckinghamshire Buckinghamshire (), abbreviated Bucks, is a ceremonial county in South East England that borders Greater London to the south-east, Berkshire to the south, Oxfordshire to the west, Northamptonshire to the north, Bedfordshire to the north-ea ...
to drop McMunchies as her trading name. Mrs. Blair did not sell burgers or chips. She said she chose the name because she liked the word munchies and wanted the cafe to have a Scottish feel. The cafe's sign reflected this, featuring a
Scottish thistle ''Onopordum acanthium'' (cotton thistle, Scotch (or Scottish) thistle, not to be confused with ''Cirsium vulgare'' - spear thistle, which is also known as Scotch or Scottish thistle and is the national flower of Scotland. Spear thistle is nat ...
and a St Andrew's flag. But in a statement to Mrs. Blair's solicitors, McDonald's said if someone used the Mc prefix, even unintentionally, they were using something that does not belong to them.


MacDonald's (UK - Cayman Islands)

An often reported urban legend maintains that McDonald's filed a lawsuit against MacDonald's Family Restaurant, an actual fast food establishment located in Grand Cayman. This false claim alleges that McDonald's lost the case, and in addition, was banned from ever opening a McDonald's location on Grand Cayman. While it is true that no McDonald's locations exist on the island, the reason is not due to any lawsuit against MacDonald's Family Restaurant.


McAllan (Denmark)

In 1996, McDonald's lost a legal battle at the
Danish Supreme Court The Supreme Court (, lit. ''Highest Court'', , ) is the supreme court and the third and final instance in all civil and criminal cases in the Kingdom of Denmark. It is based at Christiansborg Palace in Copenhagen which also houses the Danish Par ...
to force Allan Pedersen, a hotdog vendor, to drop his shop name ''McAllan''. Pedersen had previously visited Scotland on
whisky tasting Whisky tasting is the analysis of whisky through visual examination, taste and aroma. Whisky tastings are often conducted in groups of people, either for reference purposes or as a social activity. More recently, whisky tastings have become a vi ...
tours. He named his business after his favorite brand of whisky, MacAllan's, after contacting the distillery to see if they would object. They did not, but McDonald's did. However, the court ruled customers could tell the difference between a one-man vendor and a multi-national chain and ordered McDonald's to pay 40,000 kroner ($6,900) in court costs. The verdict cannot be appealed.


McCurry (Malaysia)

In 2001, McDonald's sued a small restaurant named ''McCurry'', a popular eatery serving Indian food in Jalan Ipoh, Kuala Lumpur, Malaysia. McDonald's claimed that the use of the "Mc" prefix infringed its trademark, while the defendant claimed that McCurry stood for ''Malaysian Chicken Curry''. In 2006, McDonald's won an initial judgment in the High Court. The judge ruled that the prefix Mc and the use of colours distinctive of the McDonald's brand could confuse and deceive customers. In April 2009, however, a three-member Appeal Court panel overturned the verdict, saying that there was no evidence to show that McCurry was passing off its own product as that of McDonald's. The Appeals Court also said that McDonald's cannot claim an exclusive right to the "Mc" prefix in the country. McDonald's appealed the decision to the Federal Court, the highest court in Malaysia. In September 2009, the Federal Court upheld the Appeal Court's decision. McDonald's appeal was dismissed with costs, and the company was ordered to pay RM 10,000 to McCurry.


South African trademark law

Apartheid politics had prevented earlier expansion into South Africa, but as the apartheid regime came to an end in the early 1990s, McDonald's decided to expand there. The company had already recognized South Africa as a potentially significant market and had registered its name as a trademark there in 1968. Under South African law, trademarks cease to be the property of a company if they are not used for a certain amount of time. McDonald's had renewed the 1968 registration several times, but missed a renewal deadline. The registration expired and McDonald's discovered two fast food restaurants in South Africa were trading under the name MacDonalds. Moreover, a businessman had applied to register the McDonald's name. Multiple lawsuits were filed. The fast food chain was stunned when the court ruled it had lost the rights to its world-famous name in South Africa. However, the company eventually won on appeal.


The real Ronald McDonald (US)

The company waged an unsuccessful 26-year (as of 2001) legal action against McDonald's Family Restaurant, which opened in 1956 in
Fairbury, Illinois Fairbury is a city in Livingston County, Illinois, United States. The population was 3,757 at the 2010 census. Fairbury is located on U.S. Route 24 11 miles east of Chenoa and six miles west of Forrest. It was founded in 1857. The town has a la ...
and is run by a man whose real name is Ronald McDonald. Mr. McDonald ultimately continued to use his name on his restaurant despite the company's objections.


The McBrat case (Australia)

In 2005, McDonald's tried to stop a Queensland lawyer, Malcolm McBratney, from using the name 'McBrat' on the shorts of the Brisbane Irish Rugby team. McDonald's claimed the McBrat name should not be registered because it was too similar to its McKids trade mark, since the word 'brat' is another term for 'kid'. McBratney argued that his family name had been used in Ireland since the 1600s, and that he had a right to use an abbreviation of that name. In 2006, the Delegate of the Register of Trade Marks held that McBratney could register 'McBrat' as a trademark and that McDonald's had no intellectual property rights over 'Mc' and 'Mac' prefixed words.


Big Jack (Australia)

In 2020, McDonald's sued Australian
Burger King Burger King (BK) is an American-based multinational chain store, chain of hamburger fast food restaurants. Headquartered in Miami-Dade County, Florida, the company was founded in 1953 as Insta-Burger King, a Jacksonville, Florida–based res ...
franchise Hungry Jack's over their new "Big Jack" burger, which was a slightly altered version of Burger King's
Big King The Big King sandwich is one of the major hamburger products sold by the international fast-food restaurant chain Burger King, and was part of its menu for more than twenty years. As of March 2019, it is sold in the United States under its 1 ...
and similar to McDonald's own Big Mac. The close similarities in the name, appearance and the marketing of the Big Jack led to McDonald's suing Hungry Jack's in the
Federal Court of Australia The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indic ...
in August 2020 over trademark infringement, and they sought to cancel Hungry Jack's Big Jack trademark which was filed the previous year. They also accused the company of deliberately copying the ingredients and appearance of the Big Mac in bad faith. Hungry Jack's argues that the burger's name is simply a play on the company's name and that of its founder
Jack Cowin Jack Cowin (, born 13 July 1942) is a Canadian-Australian businessman and entrepreneur with a long-term involvement in Fast food restaurant, franchised fast food chains in Australia and Canada. Cowin brought KFC to Australia, founded and owns Hu ...
, and that a burger's appearance and composition cannot be protected by a trademark, noting that their product features "common characteristics of hamburgers" sold everywhere. The case was expected to return to court in 2021, while the Big Jack and its variants were withdrawn from sale later that same year.


Cases brought against McDonald's


''H.R. Pufnstuf'' / Mcdonaldland

In 1973, Sid and Marty Krofft, the creators of ''
H.R. Pufnstuf ''H.R. Pufnstuf'' is a children's television series produced by Sid and Marty Krofft in the United States. It was the first Krofft live-action, life-sized-puppet program (not including their previous work with the Hanna-Barbera program ''The Ba ...
'', successfully sued McDonald's in '' Sid & Marty Krofft Television Productions Inc. v. McDonald's Corp.'', arguing that the entire McDonaldland premise was essentially a ripoff of their television show. In specific, the Kroffts claimed that the character Mayor McCheese was a direct copy of their character, "H.R. Pufnstuf" (being a mayor himself). McDonald's initially was ordered to pay $50,000. The case was later
remanded Remand may refer to: * Remand (court procedure), when an appellate court sends a case back to the trial court or lower appellate court * Pre-trial detention, detention of a suspect prior to a trial, conviction, or sentencing See also *'' Remando ...
as to damages, and McDonald's was ordered to pay the Kroffts more than $1 million. McDonaldland itself, as it was depicted in the commercials, was a magical place where plants, foods, and inanimate objects were living, speaking characters. In addition to being the home to Ronald and the other core characters, McDonaldland boasted "Thick shake volcanoes",
anthropomorphized Anthropomorphism is the attribution of human traits, emotions, or intentions to non-human entities. It is considered to be an innate tendency of human psychology. Personification is the related attribution of human form and characteristics t ...
"Apple pie trees", "The Hamburger Patch" (where McDonald's hamburgers grew out of the ground like plants), "
Filet-O-Fish The Filet-O-Fish is a fish sandwich (or burger) sold by the international fast food restaurant chain McDonald's. It was created in 1962 by Lou Groen, a McDonald's franchise owner in Cincinnati, Ohio, in response to falling hamburger sales on ...
Lake", and many other fanciful features based around various McDonald's menu items. In the commercials, the various beings are played by puppets or costumed performers, very similar to the popular ''
H.R. Pufnstuf ''H.R. Pufnstuf'' is a children's television series produced by Sid and Marty Krofft in the United States. It was the first Krofft live-action, life-sized-puppet program (not including their previous work with the Hanna-Barbera program ''The Ba ...
'' program. McDonald's had originally hoped the Kroffts would agree to license its characters for commercial promotions. When they declined, McDonaldland was created, purposely based on the ''H.R. Pufnstuf'' show in an attempt to duplicate the appeal. After the lawsuit, the concept of the "magical place" was all but phased out of the commercials, as were many of the original characters. Those that remained would be Ronald, Grimace, The Hamburglar, and the Fry Kids.


McSleep (Quality Inns International)

In 1988, Quality Inns (now Choice Hotels) was planning to open a new chain of economy hotels under the name "McSleep." After McDonald's demanded that Quality Inns not use the name because it infringed, the hotel company filed a suit in federal court seeking a declaratory judgment that "McSleep" did not infringe. McDonald's counterclaimed, alleging trademark infringement and unfair competition. Linguist Roger Shuy testified for Quality Inn, that "the ''Mc'' prefix had become part of everyday English";
David Lightfoot David Lightfoot (1959/1960 – 13 June 2021) was an Australian film producer. Biography Lightfoot worked on the horror films '' Wolf Creek'' and '' Rogue''. Other credits include ''Bad Boy Bubby'', '' Three Forever'', '' The Sound of One Hand ...
argued for McDonald's that in all those cases these meanings "were characteristics of McDonald's and its reputation". Eventually, McDonald's prevailed. The court's opinion noted that the prefix "Mc" added to a generic word has acquired secondary meaning, so that in the eyes of the public it means McDonald's, and therefore the name "McSleep" would infringe on McDonald's trademarks.


Viz top tips (UK)

In 1996, British adult comic ''
Viz Viz may refer to: *''viz.'', a synonym for “namely” * ''Viz'' (comics), a British adult comic magazine **'' Viz: The Game'', a computer game based on the comic *Viz Media, an American manga and anime distribution and entertainment company *"V ...
'' accused McDonald's of plagiarizing the name and format of its longstanding ''Top Tips'' feature, in which readers offer sarcastic tips. McDonald's had created an advertising campaign of the same name, which showcased the Top Tips (and then suggested the money-saving alternative - going to McDonald's). Some of the similarities were almost word-for-word: :"Save a fortune on laundry bills. Give your dirty shirts to
Oxfam Oxfam is a British-founded confederation of 21 independent charitable organizations focusing on the alleviation of global poverty, founded in 1942 and led by Oxfam International. History Founded at 17 Broad Street, Oxford, as the Oxford Co ...
. They will wash and iron them, and then you can buy them back for 50p." – Viz Top Tip, published May 1989. :"Save a fortune on laundry bills. Give your dirty shirts to a second-hand shop. They will wash and iron them, and then you can buy them back for 50p." – McDonald's advert, 1996 The case was settled out of court for an undisclosed sum, which was donated to the charity appeal Comic Relief. However, many Viz readers believed that the comic had given permission for their use, leading to Top Tips submissions such as: "Geordie magazine editors. Continue paying your mortgage and buying expensive train sets ... by simply licensing the Top Tips concept to a multinational burger corporation."


Labor


Coalition of Immokalee workers (US)

In March 2001, the
Coalition of Immokalee Workers The Coalition of Immokalee Workers (CIW) is a worker-based human rights organization based in Immokalee, Florida, which focuses on the fields of social responsibility, human trafficking, and gender-based violence at work. Built on a foundation o ...
, a group of South Florida farmworkers, began a campaign demanding better wages for the people who pick the tomatoes used by McDonald's and other fast food companies. McDonald's was the second target after the group succeeded against Taco Bell.


Strip search Suit (US)

McDonald's is one of several businesses where someone claiming to be a police officer telephoned the business, and convinced the manager to conduct a strip search of an employee.


Advertisements


Happy Meals and Toys (Quebec, Canada)

On November 14, 2018, the Superior Court of Quebec certified Bramante v. McDonald Restaurants as a class action on behalf of all consumers worldwide who purchased Happy Meals and Toys in the Province of Quebec. The plaintiffs alleged—and the Court agreed at certification—that McDonald's violated section 248 of the Quebec ''Consumer Protection Act'' by unlawfully advertising Happy Meals using displays with toys (often related to the newest cinematic release) at children's eye-level inside McDonald's restaurants. Section 248 provides that: "Subject to what is provided in the regulations, no person may make use of commercial advertising directed at persons under thirteen years of age". The Court certified the case on behalf of the following class: "Every consumer pursuant to the Québec ''Consumer Protection Act'' who, since November 15, 2013 purchased in Québec for a child under 13 years of age then present inside a McDonald's restaurant, a toy or Happy Meal, during an advertising campaign directed at children taking place inside the restaurant". The class action seeks injunctive relief ordering McDonald's to cease marketing to children under 13 years old with its Happy Meal displays, reimbursement of Happy Meal and individual toy sales, as well as punitive damages in amounts to be determined. The case was initially filed on November 15, 2013, by Quebec class action attorney Joey Zukran of LPC Avocat Inc.


Fries advertisement (UK)

In 2003, a ruling by the UK Advertising Standards Authority determined that the corporation had acted in breach of the codes of practice in describing how its French fries were prepared. A McDonald's print ad stated that "after selecting certain potatoes", "we peel them, slice them, fry them and that's it." It showed a picture of a potato in a McDonald's fries box. In fact, the product was sliced, pre-fried, sometimes had dextrose added, was then frozen, shipped, and re-fried and then had salt added.


Beef content in hamburgers

Lawsuits were brought against the McDonald's Corporation in the early 1990s for including beef in its US French fries despite claims that the fries were vegetarian. In fact, beef flavoring ''is'' added to the fries during the production phase. The case revolved around a 1990 McDonald's press release stating that the company's French fries would be cooked in 100% vegetable oil and a 1993 letter to a customer that claimed their French fries are vegetarian. McDonald's denied this. The lawsuits ended in 2002 when McDonald's announced it would issue another apology and pay $10M to vegetarians and religious groups. Subsequent oversight by the courts was required to ensure that the money that was paid by McDonald's: "to use the funds for programs serving the interests of people following vegetarian dietary practices in the broadest sense." There was some controversy in this ruling, as it benefited non-vegetarian groups such as research institutions that research vegetarian diets but do not benefit vegetarians. In 2005, the appeal filed by vegetarians against the list of recipients, in this case, was denied, and the recipients of the $10M chosen by McDonald's was upheld. Further ingredient-related lawsuits have been brought against McDonald's since 2006. McDonald's had included its French fries on its website in a list of
gluten-free A gluten-free diet (GFD) is a nutritional plan that strictly excludes gluten, which is a mixture of proteins found in wheat (and all of its species and hybrids, such as spelt, kamut, and triticale), as well as barley, rye, and oats. The inclus ...
products; these lawsuits claim children suffered severe intestinal damage as a result of unpublicized changes to McDonald's French fry recipe. McDonald's has provided a more complete ingredient list for its French fries more recently. Over 20 lawsuits have been brought against McDonald's regarding this issue, which the McDonald's Corporation has attempted to consolidate.


"McMatch and Win Monopoly" promotion (Australia)

In 2001, 34 claimants (representing some 7,000 claimants) filed a class action lawsuit against McDonald's for false and misleading conduct arising from the "McMatch & Win Monopoly" promotion before Justice John Dowsett of the
Federal Court of Australia The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indic ...
. The claimants had attempted to claim prizes from the 1999 promotion using game tokens from the 1998 promotion, arguing unsuccessfully that the remaining 1998 tokens may have been distributed accidentally by McDonald's in 1999.


Halal food lawsuit (Dearborn, Michigan)

In 2013, McDonald's stopped serving
halal food Islamic dietary laws are dietary laws that Muslims follow. Islamic jurisprudence specifies which foods are '' '' (, "lawful") and which are '' '' (, "unlawful"). The dietary laws are found in the Quran, the holy book of Islam, as well as in coll ...
, which is consistent with Islamic dietary laws, at the only two locations in the US that served halal food, both located in Dearborn, MI after a $700,000 lawsuit filed in 2001 where a customer alleged the menu items were not consistently halal. The case was brought to court by Michael Jaafar, a Detroit lawyer of Fairmax Law who filed a consumer protection class action lawsuit against McDonald's for advertising halal foods.


Health and safety


United States

Also known as the "McDonald's coffee case", ''Liebeck v. McDonald's'' is a well-known product liability
lawsuit - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
that became a flash point in the debate in the U.S. over tort reform after a jury awarded $2.9 million to Stella Liebeck, a 79-year-old woman from Albuquerque, New Mexico, who sued McDonald's after she suffered third-degree burns from hot coffee that was spilled on her at one of the company's drive-thrus in 1992.Liebeck v. McDonald's Restaurants, P.T.S., Inc., No. D-202 CV-93-02419, 1995 WL 360309 (Bernalillo County, N.M. Dist. Ct. Aug. 18, 1994
details from nmcourts.com
The trial judge reduced the total award to $640,000, and the parties settled for a confidential amount before an appeal was decided. The case entered popular understanding as an example of frivolous litigation;Mark B. Greenlee, "Kramer v. Java World: Images, Issues, and Idols in the Debate Over Tort Reform," 26 Cap. U.L. Rev. 701 ABC News calls the case "the poster child of excessive lawsuits." Trial-lawyer groups such as the Association of Trial Lawyers of America and other opponents of tort reform sometimes argue that the suit was justified because of the extent of Liebeck's injuries, as the coffee in question was at a temperature too hot for human consumption which McDonald's failed to provide proper warning. Warning consumers of possible dangers of their products is strictly enforced by the FDA. Furthermore, McDonald's should not be serving substances that are potentially harmful to their consumers.


China

In July 2014, a reporter was able to secretly capture film from inside the Shanghai Husi Food factory (a subsidiary of the American OSI group) which showed factory workers violating various safety policies. These included: handling meat with bare hands, picking meat up off the floor and returning it to the processing machine, processing expired meats, and repeatedly reprocessing products that failed inspection until the said products passed inspection. After the video surfaced, Yum Brands (operator of KFC and Pizza Hut in China) discontinued its operations with Husi Foods (and thus OSI Group). However, McDonald's merely switched factories, preferring to continue their association with OSI Group as they believe the quality of meat is higher and this was an isolated incident.


Peru

On December 15, 2019, two teenage employees died when they were doing cleaning chores in a McDonald's restaurant in
Pueblo Libre district Pueblo Libre (originally called La Magdalena or Old Magdalena to differentiate it from Magdalena del Mar District) is a district of the Lima Province in Peru. Its name, which means ''Free Town'' or ''Free People'', was granted by José de San Mart ...
, Lima. They, who were working at dawn outside the hours indicated in their contract, had contact with a beverage vending machine in poor condition, which produced an electric shock that, added to the wet floor and the lack of adequate cleaning implements, caused their death.
Arcos Dorados Holdings Arcos Dorados Holdings Inc. (English: 'Golden Arches Holdings, Inc') is a company that owns the master franchise of the fast food restaurant chain, McDonald’s in 20 countries within Latin America and the Caribbean. As of December 31, 20 ...
, McDonald's parent company in Peru and Latin America, was sued by the families of both young people for
labor exploitation Forced labour, or unfree labour, is any work relation, especially in modern or early modern history, in which people are employed against their will with the threat of destitution, detention, violence including death, or other forms of e ...
, safety deficiencies and negligence, as it became known that the workers had reported the machine's failures, but managers ignored that, in addition to that employees had not been trained to face an event such as an electric shock. All Peruvian restaurantes closed for some days in memory of two employees. After a fine imposed by the National Superintendency of Labor Inspection (SUNAFIL) and an out-of-court settlement with the bereaved families, which amounts exceeding $300,000, the case was archived in September 2020, although three months later the investigation was resumed. The restaurant where the events occurred closed permanently in November 2020, although it had been closed since the incident.


Discrimination


Accessibility

''Magee v. McDonald's'' is a United States federal class action lawsuit begun in May 2016 in the Illinois Northern District Court, case number 1:16-cv-05652, in which Scott Magee of
Metairie, Louisiana Metairie ( ) is a census-designated place (CDP) in Jefferson Parish, Louisiana, United States, and is part of the New Orleans metropolitan area. With a population of 143,507 in 2020, Metairie is the largest community in Jefferson Parish and was (a ...
is pursuing action against McDonald's due to the company being unwilling to serve people who are
visually impaired Visual impairment, also known as vision impairment, is a medical definition primarily measured based on an individual's better eye visual acuity; in the absence of treatment such as correctable eyewear, assistive devices, and medical treatment ...
when only the drive thru lane is open. Because the drive thru lane is sometimes the only method of ordering food once the
dining room A dining room is a room (architecture), room for eating, consuming food. In modern times it is usually adjacent to the kitchen for convenience in serving, although in medieval times it was often on an entirely different floor level. Historically ...
is closed, this creates a situation in which people who are legally blind, and unable to operate a
motor vehicle A motor vehicle, also known as motorized vehicle or automotive vehicle, is a self-propelled land vehicle, commonly wheeled, that does not operate on Track (rail transport), rails (such as trains or trams) and is used for the transportation of pe ...
can not order food from the
restaurant A restaurant is a business that prepares and serves food and drinks to customers. Meals are generally served and eaten on the premises, but many restaurants also offer take-out and food delivery services. Restaurants vary greatly in appearan ...
while other people are able to do so. Magee's has limited vision, because of macular degeneration, which started at age 16, and has become progressively worse. He can walk without a cane, but his central vision is insufficient for driving. McDonald's attempted to get the case dismissed, but in February 2017, a federal court ruled that Magee's lawsuit could proceed. On May 8, 2018, the class was certified. In August 2018, McDonald's argued that the restaurant was operated by a franchisee, and that the McDonald's corporation did not control the locking of doors. In October 2018, McDonald's argued that the restaurant was accessible, because a blind person could obtain food "through the same
UberEats Uber Eats is an online food ordering and delivery platform launched by Uber in 2014. Meals are delivered by couriers using cars, scooters, bikes, or on foot. It is operational in over 6,000 cities across 45 countries as of 2021. The process of ...
delivery service that everyone else uses," even though it would cost $5.00 extra. On October 31, 2018, McDonald's filed a document with the court, arguing that because the restaurants forbid any pedestrian access to their drive-up window, they are not discriminating against the blind. McDonald's says a blind person has "the same access as the 13 million adults who are not visually impaired and do not have a car, and that therefore the ADA does not apply." In March 2019, arguments in court papers continued about the definition of "meaningful access." the matter is still in litigation. Meanwhile, on May 24, 2018, a law came into effect in
Portland Oregon Portland (, ) is a port city in the Pacific Northwest and the list of cities in Oregon, largest city in the U.S. state of Oregon. Situated at the confluence of the Willamette River, Willamette and Columbia River, Columbia rivers, Portland is ...
requiring multi-modal access to drive-throughs. The McDonald's case was mentioned in a June 2019 article about a similar problem with Wendy's evening service. On October 5, 2021, United States District Judge John F. Kness granted a summary judgement dismissing the action against McDonald's. Judge Kness found that individual franchisees operate the restaurants, not McDonald's USA. Further discrimination was against pedestrians, not against the disabled.


Race

On 1 September 2020, McDonald's was sued by 50 black owners for racial discrimination. According to the lawsuit, McDonald's steered black franchisees to stores which had lower revenue and higher security expenses than stores in more affluent areas. On 16 February 2021, franchise owner and former professional athlete Herbert Washington filed a lawsuit in Youngstown, Ohio alleging the McDonald's discriminatory practices prevented Black franchisees from buying franchises in affluent areas. The lawsuit read in part:
"By relegating Black owners to the oldest stores in the toughest neighborhoods, McDonald's ensured that Black franchisees would never achieve the levels of success that White franchisees could expect. Black franchisees must spend more to operate their stores while White franchisees get to realize the full benefit of their labors."
Washington's lawsuit asserts that the number of Black McDonald's franchise owners in 2020 is 186, compared with 377 in 1998.


Sex

On January 25, 2023, the Delaware Court of Chancery ruled that McDonald’s former global chief people officer could be sued by shareholders who accused him of allowing a “culture of sexual misconduct and harassment to develop” at the company, clarifying that “corporate officers owe a duty of oversight.” This landmark decision represented the first time that Delaware courts had explicitly recognized an officer-level fiduciary duty of oversight. The stockholders in this derivative lawsuit are represented by lawyers from Grant & Eisenhofer P.A., Scott + Scott Attorneys at Law LLP, and Newman Ferrara LLP.


See also

* Burger King legal issues


References


External links


Coverage
by '' The Economic Times''
McDonald's
official worldwide website
McSpotlight
an anti-McDonald's site, which includes extensive coverage of legal cases. Mainly contains older information up to 2005.

- an extensive list of links to news articles about McDonald's, including coverage of legal cases, from a website aimed at franchisees of the company.

at Abnormal Use {{DEFAULTSORT:Mcdonald's Legal Cases *