Man sues McDonald's over cheese on burger

A New York man with a severe dairy allergy is suing McDonald's for allegedly including cheese in his Big Mac order. According to NY Daily News, due to this error, the visitor was rushed to the hospital in a life-threatening condition.

Charles Olsen, a 28-year-old Rockland County resident, filed the lawsuit and included a receipt showing that he marked “No American Cheese” when placing an online order.

Olsen placed an online order at a New York McDonald's restaurant in February 2021. As soon as he ate the burger, “I immediately knew something was wrong,” said his lawyer, Jory Lange Jr., who specializes in food safety cases.

“His throat started to itch and swell. He felt a burning sensation all over his body, looked at his girlfriend, Alexandra, and coughed: “There’s milk here!” Lange said. Olsen soon began to choke and, covered in hives, was rushed to the hospital, as the lawsuit says, “on the verge of requiring intubation to save his life.”

Olsen's condition eventually stabilized and he was released from the hospital a few hours later, but the experience was traumatic and is said to have long-term consequences. “This is something that still causes him anxiety and worry when it comes to getting food from restaurants,” Lange noted. Olsen is now seeking damages and a jury trial. It accuses McDonald's of violating its duty to “produce food that is safe to eat.”

Responsibility

The Colley Group, which owns the McDonald's franchise in New York where Olsen's burger was made, released an official statement: “Nothing is more important than the safety of our customers. We take every complaint seriously and actively pursue these claims.”

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Olsen explained that he filed the lawsuit in order to “hold food establishments responsible” and noted that when ordering online, he could not even indicate that he had an allergy. “Allergies should be such an easy option that an establishment can accommodate it. There is no reason why this cannot be clearly stated. When ordering, options where allergies can be noted are desirable, and staff should be properly trained to deal with such a simple note,” he concluded.