McDonald's obesity lawsuit thrown out

CNNMoney.com ^ | September 4, 2003

[Sweet_Sunflower29]

NEW YORK (Reuters) - A federal judge Thursday threw out a refiled lawsuit against McDonald's Corp. blaming the fast food restaurant chain for obesity and health problems in children.

U.S. District Judge Robert Sweet dismissed the suit that accused McDonald's (MCD: up $0.60 to $23.29, Research, Estimates) of misleading the plaintiffs through advertising and other publicity that its food products were nutritious. Sweet had thrown out an earlier version of the suit, but had allowed the plaintiffs to refile the case with new information.

[ElectricStrawberry]

I think I'll go down there an' get me a few Super Sizes to celebrate.

[theDentist]

In other words, the judge told plaintiffs to "Shut their fat mouths!".

[JmyBryan]

Faith in humanity meter rating up.

[LibKill]

Dang, has the judge had an attack of sanity?

Best news I've had all day. These junk law suits are a plague.

[MotleyGirl70]

Excellent news!

Hey can you pick me up 3 Big Macs, a Fish Sandwich,a chicken sandwich, French Fry, Ice Cream, 2 cheeseburgers and 4 hamburgers. That should be enough for me to celebrate. : )

[Godzilla]

Would you like fries with that?

[Corin Stormhands]

I'd like to blame my extra poundage on someone else...but I know better.

ROFL at Judge "Sweet"

[untenured]

Faith in humanity meter rating up.

Don't be so sure. Tobacco companies won for many years before the anti-responsibility crowd finally broke through. These suits will probably be filed and refiled on diferent legal grounds until they get a win.

I recently came back from living overseas, and after I got back I noticed that some food, e.g. yogurt and Coca-Cola, was being offered in smaller containers than when I left. This suggests to me that companies expect that legal trouble is a possibility, so they're offering more choices as a way to partially immunize themselves. It will be interesting to see if McDonald's et al. start offering smaller portion sizes for those who want them.

[TheBigB]

...and a Diet Coke.

[pogo101]

This may not be a lasting victory. It appears that, as he previously did, Judge Sweet dismissed the complaint, not the action itself, and granted plaintiffs leave to file a (second) amended complaint. All ONE of them has to do to avoid a third dismissal (and thereby force McDonalds into years of discovery battles), it would appear, is an allegation along the lines of, "Plaintiffs are informed and believe that, during the relevant time period, they viewed the ADVERTISING on numerous occasions."

[MEGoody]

Finally, a judge with a bit of common sense.

[Cobra64]

I recently came back from living overseas, and after I got back I noticed that some food, e.g. yogurt and Coca-Cola, was being offered in smaller containers than when I left. This suggests to me that companies expect that legal trouble is a possibility, so they're offering more choices as a way to partially immunize themselves. It will be interesting to see if McDonald's et al. start offering smaller portion sizes for those who want them.

Yup. And some state (I don't recall - probably California) has outlawed carbonated beverages and snack foods on school grounds. Only fruit juice is allowed. Pretty pathetic, eh?

[MotleyGirl70]

LOL! Of course, what else.

[mtbopfuyn]

High five, Judge!

[John Jorsett]

Ah, time for lunch.

[Just another Joe]

A taste of sanity? Or just a speedbump on the road to ruin?

[sticker]

"Only fruit juice is allowed."

I bet those clowns don't realize how much sugar there is in fruit juice.

[Great Dane]

On the other hand, should't that get big tobacco off the hook for the billions awarded to the states.

[jae471]

And some state (I don't recall - probably California) has outlawed carbonated beverages and snack foods on school grounds. Only fruit juice is allowed.

It should be noted that a 12-oz. can of Coke has 140 Calories, while a 11.5 can of Cran-Grape Juice has 180 Calories. A can of orange juice will run around 160 Calories.

OTOH, a Minute Maid Light has 10 Calories, a Pepsi One has one, and Diet Coke, Diet Pepsi, Fresca, Diet Mountain Dew, Diet Sprite, Diet Sierra Mist, Diet Barq's, and Diet Dr. Pepper all have zero calories.