The situation is so serious that President George W Bush has urged Americans to follow a fitness regime to assuage the country's spiralling health care costs. McDonald's own ingredient booklet shows that a typical shake, such as vanilla or strawberry, actually contains artificial flavor and sodium benzoate and sodium hexametaphosphate, two chemical preservatives. Defendants removed the action to the Southern District of New York on September 30, 2002, alleging as the basis of removal that the plaintiffs had fraudulently joined non-diverse parties in order to defeat diversity jurisdiction pursuant to 28 U. As a result, the claims likely would not be actionable if alleged. Further, traditional showings of reliance and scienter are not required under the act.
Sweet said some of the arguments could be compelling if addressed in more depth, including the allegation that the processing of McDonald's food makes it more dangerous than a customer would have reason to expect. However, because this is a purportedly deceptive act based on an omission, it is not sufficient for the plaintiffs to point to the omission alone. A plaintiff seeking class certification bears the burden of demonstrating that the class satisfies the prerequisites of Rule 23 a of the Federal Rules of Civil Procedure: 1 numerosity, 2 commonality, 3 typicality, and 4 adequacy of representation. However, two arguments could help plaintiffs along. There have been some modest improvement over the last ten years in some of the offerings available at fast food restaurants. Therefore, it does not run into the same difficulties discussed above with regard to clarifying that the unhealthy attributes are above and beyond what is normally known about fast food.
Obesity Lawsuits in Court Negligence Many of the plaintiffs that go up against fast food restaurants say that the food they receive is not as healthy as the restaurant would have them believe and that the quality of the food is not what was advertised in commercials. Questions might include their current eating habits and if they lost any weight since they ceased visiting the fast food restaurant. Copyright as to non-public domain materials See for home hurricane and disaster preparation See for photography of southern Louisiana and Hurricane Katrina - Provide Website Feedback - Privacy Statement - Accessibility Statement -. Harris, Moral and Constitutional Considerations in Support of the Decriminalization of Drugs, in How To Legalize Drugs 430, 433 Jefferson M. Schlosser , Fast Food Nation: The Dark Side of the All-American Meal New York: HarperCollins, 2002.
Last week's fat lawsuit against McDonald's is one of those occasions. According to the United States Department of Agriculture's dietary guidelines in 2000, the recommended total daily allowance for older children, including teenage girls, is 2,200 calories. It is only when that free choice becomes but a chimera -- for instance, by the masking of information necessary to make the choice, such as the knowledge that eating McDonalds with a certain frequency would irrefragably cause harm -- that manufacturers should be held accountable. Rather, they serve plain-jane hamburgers, fries and shakes -- meals that are high in cholesterol, fat, salt and sugar, but about which there are no additional processes that could be alleged to make the products even more dangerous. Hirsch said the chain's billion-dollar advertising campaign encourages children to find their inner glutton.
However fast-food litigation is initially received by the public and adjudicated by the courts, it is likely to heighten awareness of the adverse health effects of heavy consumption of fast food. In light of the protests, British McDonalds removed genetically modified foods from the menu that year, id. Attorney Samuel Hirsch filed the lawsuit on behalf of several New York City children who allegedly have suffered health problems, such as obesity, diabetes and hypertension, as a result of McDonald's products. McDonalds' argument is insufficient, however, to convince this Court that the plaintiffs should not have the opportunity to amend their complaint to include these allegations. Yet there is vocal public protest against the idea of holding the fast-food industry accountable for these health burdens. Smoking was widespread and more socially accepted at that time, despite growing awareness of its health risks.
Under these conditions, the litigation may well serve as a catalyst for attitudinal change about obesity and appropriate policy responses. Hirsch maintained that while people may generally understand that fast-food burgers and fries are not health food, they do not realize just how bad they can be. Similarly, scientists at snack-food companies have reportedly investigated how certain foods trigger overeating, but no damning evidence has emerged that food manufacturers manipulate the content of their products to get consumers addicted. City of New York, 34 A. The stamping of calories and nutritional content on the sides of cups and the backs of hamburger cartons is a start for the companies. An important function of tort litigation, especially high-profile class-action litigation, is to flag health risks that require attention from regulatory agencies and legislatures.
Thus, one necessary element of any potentially viable claim must be that McDonalds' products involve a danger that is not within the common knowledge of consumers. The taste of a fast food fry is largely determined by the cooking oil. Restatement 2d of Torts, § 402A, cmt. Finally, Count V also sounds in negligence, alleging that McDonalds acted negligently in marketing food products that were physically and psychologically addictive. The action followed entry of an order in December 2010 scheduling pre-trial discovery and motions filing and briefing for the individual claims remaining in this putative class action. The argument also addresses McDonalds' list of horribles, i. But see Bonnie Liebman, Big Fat Lies: The Truth About the Atkins Diet, Nutrition Action Health Letter 1 November 2002 providing point-by-point refutation of Taube's claims.
The findings suggest that fast-food consumption has increased fivefold among children since 1970, Ludwig said. If consumers know or reasonably should know the potential ill health effects of eating at McDonalds, they cannot blame McDonalds if they, nonetheless, choose to satiate their appetite with a surfeit of supersized McDonalds products. Finally, I offer an assessment of the plaintiffs chances in their currently pending remand before the district court. Similarly, with regard to the plaintiffs' health problems that they claim resulted from their obesity which they allege resulted from their McDonalds habits , it would be necessary to allege that such diseases were not merely hereditary or caused by environmental or other factors. McDonalds' products were manufactured for the purpose of being eaten, and the injuries complained purportedly resulted from the eating of those products.
In 1999, an estimated 61 percent of U. Good whiskey is not unreasonably dangerous merely because it will make some people drunk, and is especially dangerous to alcoholics; but bad whiskey, containing a dangerous amount of fuel oil, is unreasonably dangerous. This advertisements tells only part of the story. Advertisement Defenders of the fast food industry point to changes in lifestyle that have made Americans more sedentary, while Mr. The claim may also be read to allege that McDonalds failed to warn its customers that its products were addictive. How, indeed, could food be considered as addicting and harmful as smoking? Anderson, the president of the National Restaurant Association, which represents 858,000 businesses across the country, from small cafes to large chains like McDonald's. Therefore, the deceptive practices claim cannot stand against McDonalds of New York.