Burger King Hit With Trans Fat Lawsuit

WASHINGTON, May 16 /PRNewswire-USNewswire/ -- By using partially hydrogenated oil, Burger King is knowingly increasing its customers' risk of heart disease and early death, according to a lawsuit filed today by the nonprofit Center for Science in the Public Interest. CSPI is asking a District of Columbia Superior Court judge to order the restaurant chain to stop using the deadly trans-fat-laden ingredient, or at least to require prominent warning notices on Burger King's menu boards. According to CSPI, Burger King is the biggest restaurant chain that is not fully committed to getting rid of the artificial trans fat found in partially hydrogenated oil.

In 2006, Wendy's became the first big fast-food chain to switch away from trans fat. McDonald's, which was sued in 2003 for still using artificial trans fat frying oil despite a 2002 promise to phase it out, has begun using trans- fat-free oil in some cities and plans to complete its conversion by the end of 2008. Starbucks replaced the partially hydrogenated oil in almost all of its pastries after news of a potential CSPI lawsuit was reported. Last month, KFC announced that it completed its conversion to trans-fat-free deep-frying, a move accelerated in part by a CSPI-initiated lawsuit, which the group withdrew from after KFC announced its intentions.

While Burger King will comply with new requirements in New York City and Philadelphia not to use artificial trans fat in those cities, diners in the rest of the country will be subjected to high levels of trans fat.

"Despite the moves of its competitors and the well-known dangers of artificial trans fat, it is unfortunate that Burger King is still using partially hydrogenated oil in fried foods and other menu items," said CSPI executive director Michael F. Jacobson. "Some of its meals contain three, four, or five times as much trans fat as is safe to consume in an entire day. I hope that this lawsuit will spur Burger King to quickly eliminate the trans fat and, in the meantime, to warn its customers that it's there."

Numerous fried and non-fried foods at Burger King have alarming levels of trans fat, according to CSPI. A King-size Onion Rings has 6 grams of trans fat. A regular-size order of Chicken Tenders with a large order of French fries has 8 grams of trans. A Sausage Biscuit with a large order of Hash Browns has an astounding 18 grams of trans fat -- more than someone should consume in 9 days.

Unlike other fats, the artificial trans fats found in partially hydrogenated oil exact a double whammy on arteries by raising the LDL ("bad") cholesterol and simultaneously lowering the HDL ("good") cholesterol. Increasing trans fat consumption by just 2 percent of calories is associated with as much as a 23 percent increased risk of developing coronary heart disease, according to researchers at the Harvard School of Public Health. Both the Dietary Guidelines Advisory Committee and the American Heart Association recommend getting no more than 1 percent of calories from trans fat, which works out to just two grams of trans fat for someone on a 2,000-calorie daily diet. That two grams is about what one could expect from the smaller amounts of naturally occurring trans fat in milk and meat products, leaving virtually no room for anything partially hydrogenated, according to CSPI.

This week, Montgomery County, Md., became the first county in the country to enact regulations phasing out artificial trans fat in restaurants, and Albany County, N.Y.'s legislature passed a similar law that is expected to be approved soon by the county executive. Several months ago, New York City and Philadelphia became the first cities to pass laws getting artificial trans fat out of restaurants operating there. New York's regulation begins to take effect for deep-frying in July.

CSPI will be represented in its lawsuit by Stephen Gardner, its litigation director, with Steven N. Berk of the law firm of Chavez & Gertler acting as co-counsel. The suit charges that Burger King is in violation of the District of Columbia's Consumer Protection Procedures Act by selling foods laden with trans fat and by failing to let consumers know -- an omission that misleads the public assuming the items are safe.

Burger King has more than 7,300 U.S. locations, and global sales of more than $11 billion.

"Virtually every major restaurant chain in the country is working overtime to replace artificial trans fats with healthier oils, but Burger King can't be bothered," said Gardner. "Litigation has proven to be an effective means at accelerating the pace with which restaurant chains are getting rid of trans fat, and we hope the court brings Burger King to his senses in this case."

I would imagine most of you are familiar with this outfit, which was given legitimacy by then-FDA head David Kessler (the one who spearheaded the war on smokers under the Clintons). They like to say that all their money comes ‘strictly from donations by our members’. Giving you the impression, of course, that their ‘members’ are all well-meaning, concerned individuals.

Please read this carefully, and notice who their number one donor is (hint: some old friends).

http://www.undueinfluence.com/cspi.htm

UNDUE INFLUENCE

Center for Science in the Public Interest
a Ralph Nader spinoff

Center for Science in the Public Interest
1875 Connecticut Avenue, N.W.
Washington, DC 20009
Phone: 202-332-9110
Fax: 202-265-4954
Website: www.cspinet.org
Email: cspi@cspinet.org
Exempt since: August 1971
Employer ID: 23-7122879
Description: Anti-product attack group founded in Washington, DC, in 1971 by Ralph Nader protégé Ph.D. microbiologist Michael Jacobson and two other scientists from Nader’s Center for the Study of Responsive Law. For 30 years CSPI has injected ideology, politics and fear-mongering into science to attack nearly every food product, every restaurant, and every cuisine on the market. Seeks power over the diet of all Americans through a “fat-tax” on hamburgers, french fries and soft drinks. Works to ban wine with million-dollar grants from notoriously prohibitionist trusts such as the Robert Wood Johnson Foundation. Unethically fills the public with dread over questionable claims of danger. Big Brother with a chef’s knife, CSPI promotes punitive command-and-control regulation of all foods, works to block new products and remove existing ones from the market. Acts to repeal product disparagement laws so that lies can destroy legitimate products. Promotes favored vegetarian products while vilifying others (CSPI called one brand of mushroom cheeseburgers “sumo wrestler cuisine” for being too fatty), raising questions of undue influence. A broad community seriously doubts whether CSPI’s output constitutes science or whether its acts are in the public interest.

Revenue and Expenses: Fiscal Year Ending June 30, 2001

Revenue Expenses
Contributions $14,872,024
Government Grants $0
Program Services $563,217
Investments $513,071
Special Events $0
Sales $0
Other $55,161
Program Services $10,936,112
Administration $168,481
Other $2,946,171
Total Expenditures $14,050,764

Total Revenue $16,003,473 NET GAIN/LOSS $1,952,709

Michael F. Jacobson, executive director
Salary $171,867, benefits, $14,202
Ph.D. in microbiology from Massachusetts Institute of Technology
Began career with Ralph Nader’s Center for the Study of Responsive Law
Founded CSPI in 1971 with two other Nader scientists, meteorologist James Sullivan and chemist Albert Fritsch, a Jesuit priest.

CSPI Board of Directors Kathleen F. O’Reilly, President Michael Jacobson, Secretary
Mark Ingram, Treasurer Anne Baxter, Director
David Hensler, Director James Sullivan, Director
Deborah Szekely, Director Diane Maceachern, Director
Sushma Palmer, Director William Corr, Director
Tom Gegax, Director

Profiles of other directors

Kathleen F. O’Reilly, President. Attorney, member, Federal Communications Commission’s Consumer/Disability Telecommunications Advisory Committee; vice-president, Philadelphia-based Cultural Environment Movement; board member, California-based TURN (The Utility Reform Network); former Executive Director of the Wisconsin Citizen Utilities Board; former executive director, Consumer Federation of America; on-air consumer/legal correspondent for NBC’s “Today Show,” regular guest, “Good Morning America”, “MacNeil/Lehrer News Hour.” Residential ratepayer representative, Alliance for Telecommunications Industry Solutions’ Network Reliability Steering Committee. Georgetown University Law Center graduate.
Mark Ingram, Treasurer. President, Ingram CPA Review (offers courses to pass Certified Public Accountant exams).
Anne Baxter, Director. Movie actress, 2 Academy Awards, best actress, 1962 (”The Miracle Worker”), best actress, 1967 (”The Graduate”).
David Hensler, Director. Attorney, Hogan and Hartson (Washington, D.C).
Deborah Szekely, Director. President, Szekely Family Foundation (San Diego, California); board member, Partners for Livable Communities, Youth Service America, National Council of La Raza, Partners of the Americas Foundation, the Menninger Foundation, and Committee of 200 Foundation. 1984-1990, president & CEO, Inter-American Foundation, an independent government agency helping the poor in the Caribbean and Latin America; businesswoman, founded series of health spas, Rancho La Puerta (1940), The Golden Door (1958), Fitness Resorts (1972). Many other activities.
Diane Maceachern, Director. Founder, Vanguard Communications (Washington, D.C. public relations and food propaganda mill); author, Save Our Planet: 750 Everyday Ways You Can Help Clean Up the Earth and Enough is Enough: The Hellraiser’s Guide to Community Activism; environmental commentator for “Talk Radio Countdown.”
Sushma Palmer, Director. Chairman, Center for Communications, Health and the Environment.
William Corr, Director. Executive vice-president, National Center for Tobacco-Free Kids. Salary: $183,340, benefits $29,773.
Tom Gegax, Director. Founder and chairman of Tires Plus, $200 million retail chain, sold to Firestone in 2000; seminar pitchman and guru of “The Enlightened Executive” program; author, Winning in the Game of Life: Self-Coaching Secrets for Success.
Grants to Center for Science in the Public Interest:

Foundation Name: The Robert Wood Johnson Foundation
Abstract: For technical assistance, training, and communications to support state and local alcohol policy development
Amount: $749,999 Year Authorized: 2001
Duration: 3-year grant

Foundation Name: The John Merck Fund
Abstract: For Integrity in Science Campaign, which will eliminate threats to sound science and its publicly beneficial applications when academic research is excessively influenced by industry’s financial support
Amount: $50,000 Year Authorized: 2000

Foundation Name: Park Foundation, Inc.
Abstract: For extra costs associated with new advertising campaign, development of web site, and production of more printed materials than originally envisioned, Campus for Alcohol Culture Change Project
Amount: $20,739 Year Authorized: 2000

Foundation Name: Park Foundation, Inc.
Abstract: For Campus Alcohol Culture Change Project
Amount: $46,000 Year Authorized: 2000

Foundation Name: Park Foundation, Inc.
Abstract: For media campaign to combat binge drinking at Campbell University and University of North Carolina at Chapel Hill
Amount: $76,165 Year Authorized: 2000

Foundation Name: Park Foundation, Inc.
Abstract: For Nutrition Education and Advocacy Campaign
Amount: $125,000 Year Authorized: 2000

Foundation Name: Helena Rubinstein Foundation, Inc.
Abstract: For public education and research on health effects of antibiotic resistance
Amount: $25,000 Year Authorized: 2002

Foundation Name: Louis and Anne Abrons Foundation, Inc.
Amount: $15,000 Year Authorized: 2000

Foundation Name: The Rockefeller Foundation
Abstract: Toward costs of project to broaden public debate on genetic engineering in agriculture and to encourage improved regulations in biotechnology
Amount: $200,000 Year Authorized: 2000

Foundation Name: Park Foundation, Inc.
Abstract: For media campaign to combat binge drinking at Campbell University and University of North Carolina at Chapel Hill
Amount: $100,000 Year Authorized: 1999

Foundation Name: Park Foundation, Inc.
Abstract: For media campaign to combat binge drinking at Campbell University and University of North Carolina at Chapel Hill
Amount: $66,035 Year Authorized: 1999

Foundation Name: The Joyce Foundation
Abstract: For antibiotics-resistance project
Amount: $140,000 Year Authorized: 2000
Duration: 1.50-year grant

Foundation Name: The New York Community Trust
Abstract: To reform policies regarding scientific conflicts of interest concerning the environment and health
Amount: $50,000 Year Authorized: 2000

Foundation Name: Wallace Genetic Foundation, Inc.
Amount: $30,000 Year Authorized: 1999

Foundation Name: Deer Creek Foundation
Abstract: For Foodspeak, free-speech campaign to oppose food disparagement laws
Amount: $65,000 Year Authorized: 1999

Foundation Name: Park Foundation, Inc.
Abstract: For continued support for study to evaluate food additives and provide information to the general public
Amount: $95,000 Year Authorized: 1998

Foundation Name: Louis and Anne Abrons Foundation, Inc.
Amount: $15,000 Year Authorized: 1998

Foundation Name: Helena Rubinstein Foundation, Inc.
Abstract: For education initiative on dangers of antibiotic resistance
Amount: $15,000 Year Authorized: 1999

Foundation Name: Public Welfare Foundation, Inc.
Abstract: For FoodSpeak Project, coalition of civil liberty, health, environmental, public interest, media and law groups dedicated ensuring freedom of expression concerning food and food safety
Amount: $50,000 Year Authorized: 1999

Foundation Name: Park Foundation, Inc.
Abstract: For Media Campaign to Combat Binge Drinking at CU and UNC-Chapel Hill
Amount: $127,655 Year Authorized: 1997

Foundation Name: Park Foundation, Inc.
Abstract: To evaluate safety of common food additives
Amount: $90,000 Year Authorized: 1997

Foundation Name: Park Foundation, Inc.
Abstract: For research and advocacy project to reduce drinking at CU and UNC-Chapel Hill
Amount: $16,747 Year Authorized: 1997

Foundation Name: Louis and Anne Abrons Foundation, Inc.
Amount: $15,000 Year Authorized: 1997

Foundation Name: The Robert Wood Johnson Foundation
Abstract: For technical assistance and training to support community alcohol policy development
Amount: $185,032 Year Authorized: 1997

Foundation Name: The Boston Foundation, Inc.
Amount: $10,000 Year Authorized: 1998

Foundation Name: S. H. Cowell Foundation
Abstract: For alcoholism programs
Amount: $50,000 Year Authorized: 1997

Foundation Name: Helena Rubinstein Foundation, Inc.
Abstract: For research projects on antibiotic resistance and olestra
Amount: $20,000 Year Authorized: 1999

Foundation Name: Park Foundation, Inc.
Abstract: For research and public education related to food additives
Amount: $25,000 Year Authorized: 1996

Foundation Name: The Gordon Fund
Amount: $10,000 Year Authorized: 1996

Foundation Name: Louis and Anne Abrons Foundation, Inc.
Amount: $15,000 Year Authorized: 1996

Foundation Name: S. H. Cowell Foundation
Amount: $10,000 Year Authorized: 1996

Foundation Name: Helena Rubinstein Foundation, Inc.
Abstract: For public education on health effects of olestra fat substitute
Amount: $20,000 Year Authorized: 1998

Foundation Name: Helena Rubinstein Foundation, Inc.
Abstract: For general support and toward work on olestra, new fat substitute
Amount: $20,000 Year Authorized: 1997

Foundation Name: Louis and Anne Abrons Foundation, Inc.
Amount: $15,000 Year Authorized: 1995

Foundation Name: S. H. Cowell Foundation
Abstract: For Alcohol Policies project
Amount: $100,000 Year Authorized: 1995
Duration: 2-year grant

Foundation Name: The Robert Wood Johnson Foundation
Abstract: To develop community resource guide to address off-campus binge drinking
Amount: $78,000 Year Authorized: 1996

Foundation Name: S. H. Cowell Foundation
Abstract: For general support of Alcohol Project
Amount: $50,000 Year Authorized: 1994

Foundation Name: Louis and Anne Abrons Foundation, Inc.
Amount: $15,000 Year Authorized: 1994

Foundation Name: S. H. Cowell Foundation
Amount: $40,000 Year Authorized: 1993

Foundation Name: Louis and Anne Abrons Foundation, Inc.
Amount: $15,000 Year Authorized: 1993

Foundation Name: Louis and Anne Abrons Foundation, Inc.
Amount: $15,000 Year Authorized: 1991

Foundation Name: Wallace Genetic Foundation, Inc.
Amount: $10,000 Year Authorized: 1991

Foundation Name: The Pew Charitable Trusts
Abstract: For Americans for Safe Food project to bring together environmental, consumer and farm groups to promote adoption of sustainable agricultural programs at state level
Amount: $80,000 Year Authorized: 1991
Duration: 2-year grant

Foundation Name: The George Gund Foundation
Abstract: For Americans for Safe Food project, supporting state-wide initiatives in sustainable agriculture and organic food standards
Amount: $15,000 Year Authorized: 1991

Foundation Name: Louis and Anne Abrons Foundation, Inc.
Amount: $15,000 Year Authorized: 1990

Foundation Name: J. Roderick MacArthur Foundation
Abstract: For Study of Media Censorship project of Center for the Study of Commercialism to document and expose censorship in the media because of attempts by corporate advertisers to censor speech hostile to their commercial interests
Amount: $14,020 Year Authorized: 1991

Foundation Name: Wallace Genetic Foundation, Inc.
Amount: $15,000 Year Authorized: 1990

Foundation Name: C.S. Fund
Abstract: For Americans for Safe Food Project, which works to ensure availability of chemical-free food supply
Amount: $15,000 Year Authorized: 1991

Foundation Name: Ruth Mott Fund
Abstract: For national health promotion program with minority organizations to reduce death and disease rates due to drugs, alcohol, and smoking
Amount: $12,500 Year Authorized: 1989

Foundation Name: Ruth Mott Fund
Abstract: For start-up funding for Minority Health Project
Amount: $10,000 Year Authorized: 1989

Foundation Name: S. H. Cowell Foundation
Abstract: For National Resource Center on Alcohol Taxation
Amount: $75,000 Year Authorized: 1989
Duration: 2-year grant

Foundation Name: C.S. Fund
Abstract: For second year of two-year grant to Americans for Safe Food project, which works to ensure availability of chemical-free food supply
Amount: $30,000 Year Authorized: 1990

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