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McDonald's Plaintiff Not Your Average McFatso
forbes ^ | Dan Ackman,

Posted on 01/29/2005 2:42:15 AM PST by freepatriot32

NEW YORK - McDonald's has so far prevailed in the lawsuits that have asserted it is partly to blame for its customers' bulging waistlines.

But a new lawsuit filed in federal court in San Francisco insists the burger giant has failed in its promise to move to a healthier cooking oil, and it is being brought not by fry-eaters but by Kathy Fettke, a "personal coach" and infomercial pitchwoman who "is living her dream by helping others live their dreams."

Fettke, who has also worked as a television host and actor--she played a bridesmaid in Flubber--is married to the similarly employed Rich Fettke, who bills himself as the "best-selling author of Extreme Success." She is also a holder of one of the International Coaching Federation's first Master Certified Coach credentials, an accrediting organization of which Rich Fettke was once vice president.

Kathy Fettke's lawyer is Stephen Joseph, founder of and counsel to BanTransFats.com, a San Francisco-based organization whose goal is the reduction and elimination of trans fats from all food products. It claimed a major success in suing Kraft Foods (nyse: KFT - news - people ) over trans fats in Oreos. But when Joseph dropped the California suit in May 2003, Kraft said it had been working on ways to remove trans fats from the cookies and already had a reduced-fat version on the market.

In the McDonald's (nyse: MCD - news - people ) case, the plaintiffs are not seeking monetary damages and said, "The lawsuit has nothing to do with obesity. Trans fats cause serious medical health problems other than obesity." Indeed they allege that according to the Harvard School of Public Health, 30,000 or more premature heart disease deaths are caused each year by trans fats. (Harvard did do a study on the effects of trans fats in 1994, but concluded that approximately 30,000 deaths "could be attributable" to the consumption of trans fats.)

McDonald's already announced in 2002 it would shift to a new cooking oil with half the trans fats by February 2003, but said operational difficulties have delayed the changeover. The company said it would not comment on the complaint's specific allegations because it had not seen the lawsuit and that it has reduced trans fatty acid (TFA) levels in its McNuggets and other chicken products.

"In February 2003, we made a broad public statement that the change in our cooking oil was taking longer than anticipated and would be delayed," McDonald's spokeswoman Lisa Howard told USA Today. "We continue to work hard to achieve our ambitious goals for reduction of TFAs in our cooking oil."

The lawsuit accuses McDonald's of profiting from its earlier announcement that it was about to cut trans fats, misleading the public. "McDonald's has made only a token attempt to inform its customers that it had not made the change to the new cooking oil. It has deliberately allowed the public to be misled...Meanwhile, it has been reaping millions of dollars in additional profits from customers who believe that they are getting the new healthier oil. If many of those customers knew that they had been duped, they would not eat at McDonald's," BanTransFats.com said in a statement. It wants the company to take more effective steps to inform its customers about its failure to make the change and that it in fact make the change to new cooking oil as soon as possible. Neither McDonald's nor BanTransFats.com was immediately available for comment.

An earlier lawsuit filed in a federal court in Manhattan by overweight teenagers was dismissed, though it may be re-filed. (See: "Judge To Fat Plaintiffs: Where's The Beef?")

It is not immediately clear how Fettke figures as the plaintiff in the case, but according to the Web site for her "reality radio show," called The Edge, there is little that Fettke is NOT concerned with. The show claims to give listeners "the edge" in their lives "with cutting edge information on how to make more money, create [their] dream career, enjoy optimum health, and become more successful in [their] relationships and overall life fulfillment." Cutting trans fats fits in there somewhere


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; Editorial; Extended News; Front Page News; News/Current Events; Philosophy; US: New York
KEYWORDS: aclulist; activists; average; foodpolice; govwatch; mcdonalds; mcfatso; not; petafreaks; plaintiff; supersizme; tortrefornnow; veganfreaks; your
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To: gulfcoast6
Oh, fast food, got off subject. When I would go into one of those places I would order a hamburger without bun, just meat and lettuce, pickles, etc. It would blow their mind but it worked, nothing wrong with a good burger, just without the bread.

I use the above trick when I go to fast food joints for lunch. I also throw out a few fries and about 3/4 of of the soda. I also ditch the mayo. I then try to take at least a 20 minute walk during the lunch hour. The 20 minute walk usually alleviates any lingering hunger cravings.

21 posted on 01/29/2005 4:13:52 AM PST by EVO X
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To: Black Birch

I think the walk thing is good, I should do more of it but I stay as active as I can here on the farm, physically.


22 posted on 01/29/2005 4:17:12 AM PST by gulfcoast6 (The Lord is my Shield and Protector)
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To: Annie03; AntiBurr; Baby Bear; BJClinton; BlackbirdSST; BroncosFan; Capitalism2003; dAnconia; ...
Libertarian ping
23 posted on 01/29/2005 4:21:07 AM PST by freepatriot32 (http://chonlalonde.blogspot.com)
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To: freepatriot32
Man oh man! Why is it we cannot get people to take responsibility for themselves? I'll tell you why. It's because we have people like this b!^ch and her husband that just can't get a real job. They make their money off the insecurities of liberals who go thru life it has to be someone else's fault. It is a sad state in this country when the public needs such a crutch as these two to tell them how to take care of themselves. I think I'm going to hurl! Guess what? I was gettin pretty heavy myself. Guess what? Now get ready for it.... IT WAS MY FAULT! It wasn't McDonalds, it wasn't WalMart, it was mine. Guess what else? I quit eating so much! It doesn't take a rocket scientist to figure out that you need to reduce your intake,  eat healthier foods, and get a little exercise. Why do so many morons put money into the pockets of people like this in order to learn what common sense told them the first time they looked in the mirror and said to themselves "Boy I look like sh!t". By sending these idiots money all they do is encourage them to spew more B.S. They themselves start to believe they have a higher calling. Then get a lawyer involved and we're off to court to save the universe. It must be nice to go thru life without ever really having to earn your keep. (thanx, I feel much better now)

24 posted on 01/29/2005 4:25:36 AM PST by Allosaurs_r_us (Idaho Carnivores for Conservatism)
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To: gulfcoast6
When I would go into one of those places I would order a hamburger without bun, just meat and lettuce, pickles, etc. It would blow their mind but it worked, nothing wrong with a good burger, just without the bread.

the low carb thick burger from hardees comes that way now you dont even have to special order it

25 posted on 01/29/2005 4:26:01 AM PST by freepatriot32 (http://chonlalonde.blogspot.com)
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To: metesky

they should be cast in a new movie the stepford family


26 posted on 01/29/2005 4:27:04 AM PST by freepatriot32 (http://chonlalonde.blogspot.com)
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To: freepatriot32
It has been a spell since I have been in Hardees, thanks.
27 posted on 01/29/2005 4:28:49 AM PST by gulfcoast6 (The Lord is my Shield and Protector)
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To: freepatriot32

Quick show of hands please. Those who have consulted a "life coach"?


28 posted on 01/29/2005 4:28:54 AM PST by I_dmc
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To: SirLurkedalot
Atkins was a good start. I just got sick of the daily GI ruckus it was causing me.

Try the "Zone Diet" by Sears. It's a more balanced approach. I suspect all of these diets are as effective as your metablism is sensitive to a certain approach to nutrion. Zone worked like a charm for 2 people in my family and the maintenence is easy. 3 years now and out of the 35 fluctuation on maintenance has been within 10 lbs.

29 posted on 01/29/2005 4:30:12 AM PST by Caipirabob (Democrats.. Socialists..Commies..Traitors...Who can tell the difference?)
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To: I_dmc

Yeah. My mother! ;-)


30 posted on 01/29/2005 4:30:53 AM PST by Happygal (liberalism - a narrow tribal outlook largely founded on class prejudice)
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To: Allosaurs_r_us
was gettin pretty heavy myself. Guess what? Now get ready for it.... IT WAS MY FAULT! It wasn't McDonalds, it wasn't WalMart, it was mine. Guess what else? I quit eating so much!

*grabs chest*Ack ugh unng my heart my heart call 911 i need nitro pills.You have got to be the first person in well over thirty years to say something like that your common sence is likea breath of fresh air plus your in post animation is pretty cool too :-)

31 posted on 01/29/2005 4:32:57 AM PST by freepatriot32 (http://chonlalonde.blogspot.com)
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To: freepatriot32
Kathy Fettke's lawyer is Stephen Joseph, founder of and counsel to BanTransFats.com, a San Francisco-based organization whose goal is the reduction and elimination of trans fats from all food products.

Is this issue worthy of its organization? I hope it isn't a 501(c)(3).

32 posted on 01/29/2005 4:34:39 AM PST by independentmind
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To: SkyPilot
Trial lawyers who sue like this should be ashamed of themselves, but they aren't.

Trial lawyers have no shame.

33 posted on 01/29/2005 4:35:58 AM PST by independentmind
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To: freepatriot32
So this lady is paying her own lawyer to sue, and the only relief she wants is that McDonalds change cooking oil?

34 posted on 01/29/2005 4:35:59 AM PST by William Terrell (Individuals can exist without government but government can't exist without individuals.)
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To: gulfcoast6
You betcha, in the 60's the closet McDonald's to us was in Jackson, MS

A gay McDonald's in MS??

=P
35 posted on 01/29/2005 4:44:29 AM PST by TheRatHunter
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To: William Terrell

Plus publicity. She'll probably be amongst the idiots in the media fairly soon. Good Morning America anyone?


36 posted on 01/29/2005 4:45:34 AM PST by TheRatHunter
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To: freepatriot32

Dont like oil McDonalds uses? Then dont go there!


37 posted on 01/29/2005 4:46:54 AM PST by cardinal4 (W's 3.5 million pop vote isnt a mandate, but algores .5 million is??)
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To: gulfcoast6
I think the walk thing is good, I should do more of it but I stay as active as I can here on the farm, physically.

Sounds like your doing OK now. Keep up the good work.

38 posted on 01/29/2005 4:52:21 AM PST by EVO X
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To: Black Birch

I intend to do just that, my life depends on it.


39 posted on 01/29/2005 4:56:32 AM PST by gulfcoast6 (The Lord is my Shield and Protector)
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To: Caipirabob

Thanks! I'll have to look into that. My fiance was on Atkins too and had the same complaints. She found that place "Curves" and has had a lot of success there. I just keep the carbs down to a reasonable level now. But bar none the biggest factor for me was eliminating alcohol. I did'nt feel I had a 'problem'(LOL), unless of course you'd call getting *hit-faced and acting a fool a virtue. I had my fill thru my 20's anyway. Another side benefit is that LadyLurkedalot can have a glass of wine or two out at dinner and not worry about who'll drive home.


40 posted on 01/29/2005 5:08:55 AM PST by SirLurkedalot (I'm back...with NEW and IMPROVED knuckle-dragging action.)
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