Cohen v. McDonald's Corp.

The appellant, Marc S. Cohen, appeals from the trial court’s order that dismissed his class action lawsuit for consumer fraud and deceptive business practices and common law fraud against defendants McDonald’s Corporation and its franchisees, and McDonald’s Restaurants of Illinois (McDonald’s). Cohen’s complaint alleged that McDonald’s violated federal nutritional labeling regulations with regard to its Happy Meal® menu item. On appeal, Cohen argues that the trial court erred because: (1) his cause of action is not barred by the doctrines of preemption or primary jurisdiction and (2) his…