Posted on 05/04/2007 2:18:39 PM PDT by DogByte6RER
Judge Throws Out CSPI-Inspired Lawsuit
May 4, 2007
On Wednesday the Center for the Science in the Public Interest (CSPI) received yet another legal smackdown from the judicial establishment, as Federal Judge James Robertson dismissed a CSPI-inspired lawsuit against KFC. Last year, CSPI's Dr. Arthur Hoyte sued the popular chicken chain for failing "to disclose the presence of trans fat in its food."
Hoyte has feigned shock all along that KFC's deep-fried offerings are prepared in a popular frying oil. Ultimately, though, that stunning lack of common sense didn't figure in Judge Robertson's decision. As the judge sarcatically wrote:
[I]t might be appropriate for this court to find, as a matter of law, that the consumption of fat -- including trans fat -- is indeed within the reasonable expectations of the consumers of fried chicken and french fries prepared in fast food kitchens ...
Robertson ruled against Hoyte because he failed to show he actually suffered any injuries as a result of KFC's "deception":
Dr. Hoyte does not "allege that the food he ordered was in any way unpalatable or that he suffered any immediate ill effects after he ate his order." He claims no emotional harm, pain or suffering. He does mention economic "injuries," but he does not specify what "economic injury" he has suffered, and none is evident from the facts presented, even under the most charitable reading of the complaint.
Hoyte's courtroom defeat hasn't been met with the same media frenzy that followed his lawsuit's filing. That's unfortunate, since CSPI's PR strategy -- unleashing frivolous lawsuits against food companies in order to stigmatize their products -- only works when the public doesn't hold the group accountable. Given the recent chain of events, it's no wonder that some companies have begun to compromise. As CSPI executive director Michael Jacobson told The New York Times in January 2006:
We used to file all sorts of complaints with the government. Sometimes we'd get a response, but usually nothing happened. Now, when we have told companies that we're going to sue them, they show up in our office the next week.
On a related note: KFC recently completed its phase-out of trans fat in all 5,500 of its domestic restaurants. CSPI will, of course, claim credit for this move. But KFC's spokespeople have noted that it was in the works for years -- well before CSPI started beating the anti-trans fat drum. Far more often than not, changes like these are motivated by consumer -- not activist -- demand.
Kentucky Fried Frivolous Lawsuit?
I believe they’ve discontinued the use of partially-hydrogenated vegetable oil, due to public demand. Which I think is a good thing, overall, although I suspect that it may affect the consistency of the chicken somewhat - could it really get any greasier than it already was, though?
Ding ding ding, we have a winner.
Looser pays
and this case it would be true on more than one level.....
Like we have in Canada. We might be screwed up here in any number of ways, but this is one thing the Canadian justice system generally has right.
Wasn't he a Bubba appointment, the junk food junkie.
CSPI should have sued themselves. After all, they “convinced” the food industry to switch their frying oils to trans fats. Yes, you heard me right. The CSPI THEMSELVES are responsible for trans fats being in the food supply in the first place. They are nothing but a group of hypocrites who blame other for THEIR actions.
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