McLawsuit

Speaking of mystery meat, last week a federal judge dismissed a lawsuit filed against McDonald’s on behalf of children who claimed the fast food chain was responsible for making them obese.

As it turned out, the plaintiffs’ suit didn’t have much beef.

The judge ruled that plaintiffs failed to demonstrate that deceptive advertising was used by McDonald’s, failed to show that McDonald’s alone was responsible for their obesity, and failed to state the frequency that plaintiffs ate at McDonald’s.

In his written opinion, U.S. District Court Judge Robert Sweet emphasized the personal responsibility of the plaintiffs, stating that it was not the court’s place to protect them from their own poor judgment, “if theychoose to satiate their appetite with a surfeit of supersized McDonald’s products.”

In an e-Alert I sent you last summer (“Rendering Unto Caesar” 8/5/02) I told you about other lawsuits filed against McDonald’s in which the plaintiffs placed full blame for their health problems on Big Macs – as if Big Macs and French fries had been forced on them. So I completely agree with Judge Sweet’s view of personal responsibility.

But don’t jump to the conclusion that this ruling might put the brakes on lawsuits aimed at McDonald’s and other fast food franchises. Judge Sweet closed his opinion with the suggestion that an amended complaint could be filed, based on the probability that the plaintiffs had no way of knowing the dangers in certain menu items that are so completely processed they no longer resemble the food sources they came from. As an example, the judge singled out Chicken McNuggets, calling them a “McFrankenstein creation of various elements not utilized by the home cook.”

I don’t really agree with Judge Sweet on this point. I think that anyone who’s eaten even a single McNugget (and believe me, I’m not recommending it) has all the evidence they need that it bears only the slightest possible resemblance to real food.

But I do think “McFrankenstein” is a nice touch. I’d love to know how the spin doctors at McDonald’s corporate headquarters are handling that one.

To Your Good Health,

Jenny Thompson
Health Sciences Institute

Sources:

“Obesity Suit Against McDonald’s Dismissed” Consumer Health Digest #03-04, 1/28/03
“Judge Tosses Out McDonald’s Complaint, But Suggests Re-filing Under Novel Theory” Obesity Policy Report, 1/28/03