Judge Dismisses Byron Allen’s $100 Million McDonald’s Lawsuit

byron allen
Byron Allen at the 2018 Black Enterprise Entrepreneurs Summit (Black Enterprise)

*A Los Angeles Superior Court judge dismissed Byron Allen’s $100 million lawsuit against McDonald’s, citing anti-SLAPP laws in California.

Allen filed a lawsuit against the fast-food giant last May, claiming McDonald’s failed to honor a pledge to increase ad spending with Black-owned media.

EUR’s Willy Mwanza Mwanza reported previously that Allen, founder and chairman/CEO of Allen Media Group, sued McDonald’s, alleging McDonald’s refused to contract with African-American media fairly due to racial stereotyping.

AMG filed another lawsuit against McDonald’s, accusing the corporation of lying in May 2021 when it vowed to boost national ad spending with Black-owned media.

Per the news release, “According to the lawsuit, McDonald’s made a commitment in 2021 to spend 2 percent of its billion-dollar advertising budget on Black-Owned Media in 2021, escalating to 5 percent by 2024.” Per the lawsuit, this “plan” was and is a lie.

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“This is about economic inclusion of African American-owned businesses in the U.S. economy,” Allen previously said. “McDonald’s takes billions from African American consumers and gives almost nothing back.”

He added: “The biggest trade deficit in America is the trade deficit between white corporate America and Black America, and McDonald’s is guilty of perpetuating this disparity. The economic exclusion must stop immediately.”

The judge dismissed Allen’s $100 million lawsuit, finding that the popular eatery will likely win if the case proceeds since it still has time to fulfill its vow.

“As Defendant points out, this action was filed before 2024 and this year just begun and has not passed. It is unclear how Plaintiffs can make a prima facie showing of Defendant’s nonperformance when its deadline period has not even passed,” reads the Feb. 2 decision, per THR.

“Defendant still has about 11 months remaining in this year to perform on its promise and commit to spending the necessary amount with Black Owned Media. It is purely speculative to conclude Defendant will not perform on its promise even if Defendant has not yet committed the amount needed in spending,” the decision said in part.

AMG’s attorney, Louis Miller, said the ruling will be appealed and that the judge’s decision “in no way affects” a parallel lawsuit “pending in federal court for racial discrimination in contracting for advertising.”

READ MORE: Byron Allen’s Media Group Sues McDonald’s for Fraud

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