I have seen something like this on these forums before but WTF????????
From iafrica.com
Obese kids take aim at McDonald's
Posted Fri, 22 Nov 2002
A lawsuit filed against McDonald's on behalf of eight obese New York children is threatening to unleash a wave of class actions similar to those that have won huge payouts from the tobacco industry.
The suit brought by lawyer Samuel Hirsch was heard Wednesday in a Manhattan federal court — the first time such a case has appeared before a US judge.
It charges McDonald's with responsibility for the obesity of the eight plaintiffs, saying the fast food giant did not provide the necessary information on health risks associated with its meals.
McDonald's files to dismiss case
Lawyers acting for the hamburger chain filed a motion for dismissal, arguing that the issue was one of individual choice and therefore there was no case to answer.
"Every responsible person understands what is in products such as hamburgers and fries, as well as the consequences to one's waistline," the motion said.
Advertising promotes gluttony - Hirsch
Hirsch, however, argued that aggressive advertising campaigns encouraged childhood gluttony and compromised individual choice among young, impressionable consumers.
Judge Robert Sweet told AFP that he had taken the dismissal motion under consideration.
"My role is to decide whether there is actually a case to answer and whether or not I have jurisdiction," Sweet said.
The plaintiffs include Gregory Rhymes, a 15-year-old high school student, who weighs close to 180 kilograms.
Plaintiff's mum 'believed McDonald's was healthy' for son
In papers filed before Judge Sweet, Rhymes's mother said she had "always believed McDonald's was healthy for my son."
The progress of the lawsuit will be closely watched by the fast food industry, which fears it could follow the tobacco sector in becoming a target of huge health-related compensation claims.
Hirsch has already made it clear that if the case goes to trial, he would seek to turn it into a class action on behalf of all New York children under the age of 18 who claim health problems from eating at McDonald's.
The president of the US National Restaurant Association (NRA), Steven Anderson, said the lawsuit was "frivolous" and opportunist.
"There are numerous issues involved in children or adults being obese or overweight and to blame it solely on the restaurant industry really is swallowing a simplistic notion," Anderson said.
According to the NRA, the average American only eats in a fast food restaurant four times a week, leaving 17 other meals unaccounted for.
"So I imagine if these suits are successful, the next action will be children suing their parents for serving macaroni and cheese one night a week," Anderson said.
More than 30% of Americans obese - study
A study released last month showed more than 30 percent of Americans to be clinically obese.
Government statistics suggest around 300 000 deaths a year in the United States can be linked to obesity.
Responding to Hirsch's suit, McDonald's issued a statement arguing that obesity was a function of several factors including a sedentary lifestyle, a lack of moderation in personal eating habits, and the decline of physical education programs in US schools.
"The facts about our quality food, the variety of our menu, the choices we provide and the nutrition information McDonald's makes available clearly demonstrate how unfair these claims really are," the statement said.
Amid growing health concerns, McDonald's announced in September that it was cutting the amount of unhealthy fats in its trademark fries and other fried foods by almost half.
The chain has 13 000 outlets in the United States and 30 000 worldwide, serving 46 million people each day.
McDonald's was first targeted by a lawsuit in July, when Caesar Barber (56) from New York, cited McDonald's, Burger King, Wendy's and KFC as being responsible for his 123kg frame and a series of heart attacks.
AFP
