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Court leans on McD's in fat suit
New York Daily News ^ | 1/26/05 | LEO STANDORA

Posted on 01/26/2005 2:25:13 AM PST by kattracks

The fat's back in the fire in the McDonald's obesity case.

A federal appeals court yesterday gave two hefty teens the okay to jump-start their stalled suit against the fast food giant for allegedly making them fat and sickly.

Jazlyn Bradley, 19, of Brooklyn, has 270 pounds on his 5-foot-6 frame and Ashley Pelman, 14, of the Bronx, stands 4-feet-10 and weighs 140.

The tubby teens claim they ate at McDonald's three to five times a week for years.

Besides obesity, they allege the McDonald's menu caused them to develop diabetes, coronary disease, high blood pressure and cholesterol, and other maladies.

Yesterday's decision vacated a September 2003 lower court ruling that tossed out their beef on grounds their lawyer failed to show McDonald's used deceptive ads to trick consumers into eating unhealthy food.

It was the second time the suit had been tossed out.

But the appeals panel found that attorney Samuel Hirsch's contention that McDonald's violated the New York Consumer Protection Act was worthy of "inspection" by the court.

The suit alleges McDonald's failed - as it had agreed - to provide customers with free, written, easily understood nutritional information about its fast food.

In addition, the chain was charged with failing to "adequately disclose that its use of certain additives and the manner of its food processing rendered certain of its foods substantially less healthy than represented."

In a statement, the Oak Brook, Ill.-based company said "common sense tells you this particular case makes no sense." The statement continued, "Today's ruling, which is strictly procedural, simply delays the inevitable conclusion that this case is without merit."

The teens said in their suit that they would have stopped or at least cut back on their visits to the Golden Arches if they had the straight dope on what they were eating.

Originally published on January 26, 2005



TOPICS: Culture/Society; Extended News; News/Current Events
KEYWORDS: johnedwards; lawsuits; mcdonalds; sueronald; tortereform
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1 posted on 01/26/2005 2:25:13 AM PST by kattracks
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To: kattracks
If the defense needs an expert witness...they can certainly call me. I have eaten at Mickey D's thousands of times since they opened their first Golden Arches eatery in my neighborhood in 1956. My family and I stood in line for over 2 hours to eat at the first McDonald's on the island of Okinawa in the 70's just to taste a Big Mac.

I still eat a number 1 Value Meal 2-4 times a week and I am in great health and weigh in at 170 on a 6 foot frame. I suspect the problem with these two lard asses is lack of exercise and lack of any balancing food for the fast food they claim is the cause of their obesity.

2 posted on 01/26/2005 2:33:37 AM PST by borisbob69 (Old shade is better than new shade!)
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To: kattracks
The suit alleges McDonald's failed - as it had agreed - to provide customers with free, written, easily understood nutritional information about its fast food.

As a public service, I will provide the warning.

HEY DUMBSH!T! YEAH YOU, THE IGNORAMUS STUFFING YOUR FACE HERE 3 TO 5 TIMES A WEEK. THE THINGS YOU CAN NO LONGER SEE WHEN YOU LOOK DOWN---YOUR FEET, MORON, YOUR FEET---THAT'S BECAUSE FAST FOOD MAKES YOU FAT. F-A-T. FAT. STOP EATING HERE LIKE IT'S YOUR GRANDMA'S KITCHEN AND YOU'LL SEE YOUR FEET AGAIN. GOT IT? GOOD. NOW GET OUT.

3 posted on 01/26/2005 2:38:47 AM PST by Dahoser (!Hillary)
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To: kattracks; dansangel
If they were to win it would open Pandora's box for all restaurants. All of them would have to produce nutritional disclaimers, including the greasy spoon breakfast diner down the street, to protect themselves.

It seems that you are no longer responsible for yourself or what you do but everyone around you is.....

4 posted on 01/26/2005 3:01:37 AM PST by .45MAN ("He" is with us.)
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To: Dahoser

Not fast food- just TOO MUCH food.


5 posted on 01/26/2005 3:10:08 AM PST by visualops (When the Going Gets Tough, The Tough Use Duct Tape.)
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To: kattracks

1st we were told that the decison to go in a MacD to dine was a matter of "choice". There's a word that's been missing lately.


6 posted on 01/26/2005 3:18:56 AM PST by Waco
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To: kattracks
It's been 'years' since this lawsuit was filed &, presumeably, the teens had wised up to the caloric content of the food at Mickie D's. So the question is: How much do they weigh now?
7 posted on 01/26/2005 3:24:42 AM PST by elli1
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To: visualops
Not fast food- just TOO MUCH food.

That's where the problem is. I can eat at any one of these places, and get a very cheap, filling, nutritional meal. (Wendy's baked potato, chili, small potato, total $3 or McDonald's McChicken, samall salad, yogurt parfait $3 total or example)

The problem is, and it is a problem, that they hawk an oversized sandwich, fries, and soda as a meal with a "bargain" price. That would be a week's quota of fat, added sugar, and grease. They call something a shake (don't even use the word milk) that is a high fructose corn syrup concoction. They don't have good bread choices, or V8 juice or some other healthy drink.

If they had a "teen's meal" and a "kid's meal" that were appealing and more nutritional than pigging out on candy bars, they wouldn't have this situation to contend with.

Of course, people should know better.

The other point is a huge proportion of people with no nutritional values must choose McDonalds. Higher end places like Chili's, Outback, and Olive Garden offer just as many caloric monstrosities. Their customers must do a better job with balancing their eating. Or are they all open to lawsuits? And what about Donut shops? And ice cream?

8 posted on 01/26/2005 3:50:49 AM PST by grania ("Won't get fooled again")
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To: grania

Nobody "must choose" to eat at McDonalds. Certainly, eating out is easier than buying food at the grocery store and preparing it yourself, but it's not the only option. Packing your own lunch isn't that hard to do.


9 posted on 01/26/2005 4:01:55 AM PST by a.c.t.32
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To: borisbob69

I doubt the fatties ability to read and understand a nutritional statement.


10 posted on 01/26/2005 4:07:09 AM PST by shubi (Peace through superior firepower.)
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To: Waco

We should send all leftists to McDs 5 or 6 times a week if the result is offing them.;-)


11 posted on 01/26/2005 4:08:30 AM PST by shubi (Peace through superior firepower.)
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To: kattracks

Where were that 14 year old's parents?!


12 posted on 01/26/2005 4:09:04 AM PST by mewzilla (Has CBS retracted the story yet?)
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To: grania

Donut shops are protected by the police.


13 posted on 01/26/2005 4:09:12 AM PST by shubi (Peace through superior firepower.)
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To: kattracks

Someone had a tagline with a quote from "the Cable Guy" that very much applies here (modified):

If McD's causes obesity then I can blame misspelled words on my pencil?


14 posted on 01/26/2005 4:13:15 AM PST by freedumb2003 (Don't bring a moped to a car fight)
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To: mewzilla
Buying desert at Krispy Kremes?
15 posted on 01/26/2005 4:14:00 AM PST by kattracks
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To: kattracks

Sad.

So much for personal responsibility and self restraint.

More Nanny-state crap.

Sheesh....


16 posted on 01/26/2005 4:15:33 AM PST by roaddog727 (The marginal propensity to save is 1 minus the marginal propensity to consume.)
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To: kattracks

Probably. Sigh.


17 posted on 01/26/2005 4:16:23 AM PST by mewzilla (Has CBS retracted the story yet?)
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To: kattracks
The teens said in their suit that they would have stopped or at least cut back on their visits to the Golden Arches if they had the straight dope on what they were eating.

Riiiiiiiiiiiiiiiiiiight. So when they werent eating at McDonalds, they ate nothing but healthy foods? And its McDonalds fault that they're too stupid to know that a steady diet of Hamburgers, fries, sodas, and shakes isnt good for them?

18 posted on 01/26/2005 4:18:19 AM PST by lowbridge
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To: kattracks
JAZLYN BRADLEY
James Estrin/The New York Times

"Jazlyn Bradley, 19, is suing McDonald's. She is 5-foot-6 and weighs 270 pounds. She loved her McDonald's Super Sized. A McMuffin in the morning and the Big Mac meal with an apple pie in the evening was standard operating procedure", aldus The New York Times van 21 n
19 posted on 01/26/2005 4:28:18 AM PST by raybbr
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To: lowbridge

And Subway is right around the corner...I think they get a buzz from the foods that plump them up. A visious cycle of public disdain and persecution and getting a fix to feel better from super size combo meals with that yellow stuff they call cheese.


20 posted on 01/26/2005 4:29:29 AM PST by carumba
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