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.

[My2Cents]

"Sue McDonald's for your obesity?! Fat chance!"

[concerned about politics]

If you eat too much junk, you get fat, so change your eating habits.
Whooooo, dude! What a revelation !!

[SendShaqtoIraq]

It is not the NUMBER of calories that is the issue. It is the nutrition value of the drink. However, I don't see anything wrong with soft drink machines in high schools, because those kids aren't going to drink milk with their lunches no matter what. I can see outlawing the soft drinks for the little kids.

[INSENSITIVE GUY]

You mean there's actually a judge in America that makes the complainant(THIEF)prove something??

[jae471]

It is the number of Calories that makes people obese.

But how much nutrition is really contained in a 'juice' containing mostly water and sugar.

One problem is the fact that school water fountains don't work 60% of the time. And when choosing between an overpriced bottle of municipal water (Aquafina, Dasani), or a Root Beer, I'm gonna pick (and usually did) the latter.

I do agree that elementary schools shouldn't have soda machines accessible to children, though.

[concerned about politics]

I do agree that elementary schools shouldn't have soda machines accessible to children, though.

They should be given.....GASP!.....milk.

[menotyu]

You're right, and just the fact that this lawsuit had ANY legs is very troubling to me.

[Keith in Iowa]

>>...and a Diet Coke.

Supersized, of course.

[lawgirl]

That's great news. And I have quite a few pounds with McDonald's name on it. :D

[Pan_Yans Wife]

Wasn't it Greta Van Sustern's husband who was arguing the case?

[Cobra64]

If you eat too much junk, you get fat, so change your eating habits. Whooooo, dude! What a revelation !!

Yup. If I put a loaded .357 in my mouth and pull the trigger, I might not be feeling too well. Of course some doctor would tell my wife to have me take two Bayer aspirins and call him in the morning.

[chemicalman]

To the plantiffs:
Eat less! Move around more!

[ChewedGum]

Making the right call is encouraging though. I like sweet justice from Justice Sweet.

Gum

[Cobra64]

I can see outlawing the soft drinks for the little kids.

Where does it stop? The PARENTS should make these decisions. Not the GOVERNMENT. Who are "the little kids?" To use analogies, "How high is up?" Or, "How fast is fast?"

I drive a 1964 Shelby Cobra over 100 mph on a regular basis. To me, that is not all that fast. My wife never gets her Jag over 80. She thinks that's fast. Think; before all of our rights have been eliminated.

[Maigrey]

Wow. A common sense decision. 'bout Time!

[randog]

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.

Yup. It's the shotgun approach--one pellet is bound to hit the target.

[mrustow]

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.

This suggests to me, that companies are trying to maintain their bottom line, while avoiding price increases. Dannon is the yogurt company in question; already, its plucky, smaller competitor Columbo, is emphasizing in its ads that it gives you 33% more yogurt.

[Lunatic Fringe]

[John Jorsett]

Mmmmm, piles of gray cow meat ...

:-)

[Sweet_Sunflower29]

Ok...I think I've figured this out.

I'd bet money that the judge felt confident that these McGluttons could all go get an injection of the new
Hormone found to curb appetite in obesity

[cantfindagoodscreenname]

They should be given.....GASP!.....milk

I do hope you don't mean cows' milk. That's for baby cows. I think that water should be the drink of choice. Of course, I teach my kids at home where they drink whatever they want (usually cows' milk, lol). Personally, I can't STAND milk. Give me water any day.

[TigersEye]

What could possibly be nutritious about beef, lettuce, tomatos, onions, pickles and a bun made from wheat? Sounds like a horribly bogus recipe of poisons based on the USDA's Food Pyramid hoax.

Come to think of it why wasn't the USDA named in the suit?

[Gabz]

I normally will read further through a thread before responding to such an early post - but in this instance I can't help myself.

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.

You don't even realize how CORRECT you are. The chief shark, I mean slimebucket, I mean lawyer who filed this lawsuit is the the one that perfected the tobacco litigation, and has repeatedly said he will use all the knowledge garnered from the tobacco lawsuits against the Fast Food industry.

When everyone was cheering the downfall of the tobacco companies, the smokers were the ones warning it would not stop with them and somone would be next - we were laughed at.

The companies are not hurt by these lawsuits - only the consumers are.

When you hear the name John Banzhaf in relation to anything - be afraid - BE VERY AFRAID.

[Gabz]

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

As I said in another post - this lawsuit was spearheaded by Mr. Tobacco lawsuit himself - John Banzhaf.

If you have any belief in the concept of personal responsibility - be VERY AFRAID of the that name.

[LayoutGuru2]

[mplsconservative]

Dannon the FRENCH yogurt company is cheating us in portion size? Oh my! Another reason to boycott Dannon and all other frenchie stuff, beyond the obvious reasons. Pass me the fries, will 'ya please?

[Fifth Business]

I drive a 1964 Shelby Cobra over 100 mph on a regular basis. To me, that is not all that fast. My wife never gets her Jag over 80. She thinks that's fast. Think; before all of our rights have been eliminated.

Where do you live? In my country they don't even allow you to do that when you've been drinking!

[fishbabe]

they do offer a smaller portion.....its called one hamburger...one fry...milk or orange juice...gee,i guess fat people don't understand english either since they have trouble understanding the concept of one!!!!!!!

[brianl703]

Here in the fine old state of Virginia, those speeds would land you in jail. 20 miles or more over the speed limit is reckless driving, punishable by up to 1 year in jail and/or up to a $2500 fine.

There was some judge in Bottetourt County which I-81 runs through who was giving jail time for anyone caught going faster than 80MPH in the 65MPH zone. It got some press a couple of years ago, but apparently he's stopped that and is just giving fines.

[Cobra64]

Here in the fine old state of Virginia, those speeds would land you in jail. 20 miles or more over the speed limit is reckless driving, punishable by up to 1 year in jail and/or up to a $2500 fine.

Similar to what we have here in NC. The key is keep it safe, and don't get caught.