The new labeling law was passed to correct the problem that not all ingredients had to be listed on food labels under the old system. McDonald’s fries, because they were said by the company to be gluten free and because they were cooked in dedicated fryers ( not shared with breaded items) were thought to be a safe restaurant food in the celiac community. So now we find that the flavorings contained gluten and perhaps they were not strictly gluten free. Perhaps the research on whether the gluten protein used in the flavoring actually survives the processing and ends up in the final food product will help us understand these issues. The same question existed with the issue of whether the gluten protein is eliminated by distillation in alcohol and vinegars.
This type of revelation about "hidden" gluten in prepared foods was inevitable as food companies really determine for the first time what is actually in the food they sell or serve. Many food items thought questionable will also now be declared safe for this same reason. In fact, I have read articles about major food companies deciding to reformulate their products to eliminate major food allergens in the process of complying with the new labeling law. In the end, I think this is a good thing. Food suppliers should know and reveal what is in the food they sell to the public. However, I would much rather have celiac sufferers realize that anytime you are eating out you take a risk, even if you are told the item is gluten free, and make an intelligent choice to accept that risk or not. Ultimately, with lawsuits like this restaurants will protect themselves by never claiming gluten free status for their food, even when it is, and the results are fewer choices and an even more restricted lifestyle for people with celiac disease. Nobody wins in this case but the lawyers.
A good example of your point is the Malto Meal company which had been producing several cereals that should have been, according to the ingredients gluten-free.
They got sick of inquiries as to the 'purity' of their ingredients, so their solution was to add WHEAT STARCH to the product and stop the annoying phone calls.
McDonalds has been a bedrock of 'normalcy' for our celiac kids. If the lawsuits screw this up we will not be pleased.