Overweight teens file fat lawsuit against McDonald's
 

NEW YORK -- Two teenagers with big midsections have an even bigger beef with McDonald's.

Their parents, on behalf of the youths, have filed a class-action lawsuit against the fast-food giant saying the chain's unhealthy meals made them obese, which caused them to develop severe health problems including heart disease.

John Banzhaf, a George Washington University law professor who pioneered lawsuits against tobacco firms, is acting as an adviser on the case.

He said children often are unable to resist the chain's playgrounds, Happy Meals, and toy promotions often tied to the release of popular movies.

"Children clearly are not capable of making health-related decisions," he said. "McDonald's tries to attract children and has an obligation to them."

Attorney Samuel Hirsch filed the suit in the New York Supreme Court in the Bronx in late August.

The suit comes just weeks after he filed another suit against McDonald's, Burger King, KFC, and Wendy's on behalf of a 270-pound New York City maintenance worker.

That worker, Caesar Barber, 56, said he developed diabetes and suffered two heart attacks after eating the greasy fare from the fast-food restaurants four or five times a week for decades.

Banzhaf said that while Barber's suit is still snaking its way through the court system, Hirsch has decided to focus more on the suit involving children, since children can't be expected to be personally responsible for their health.

Hirsch did not respond to repeated phone calls.

The suit filed on behalf of the two teenagers claims that McDonald's contributed to their poor health and obesity by enticing them to consume larger portions through the use of "value meal" advertisements without disclosing the health effects.

The youths are asking that a jury decide how much they should be compensated for the harm they have suffered. They also want the court to order McDonald's to do more to publicize the dietary content of their products, including an educational program on the dangers of eating certain items.

Although the age of the youths has not been released, Hirsch's office said one is about 5 feet 9 inches tall and weighs 270 pounds, while the other is 5 feet 3 inches and weighs 200 pounds.

Apparently the two have been eating at McDonald's several times a week for years.

Walt Riker, a spokesman for McDonald's, said such suits have no merit.

He said the chain serves the same kinds of quality food -- beef, milk, chicken, lettuce, potatoes -- that families eat in their homes every day.

"McDonald's is a full-menu restaurant providing variety and choices," Riker said.

He said the chain makes comprehensive nutrition information available on the company's Web site, www.mcdonalds.com, and that children are becoming overweight due to an increasingly sedentary lifestyle.

The suits have resulted in a supersize round of mockery from some consumer and industry groups.

"The notion that there's no parental authority over these children is ridiculous," said Mike Burita, a spokesman for the Center for Consumer Freedom, an organization representing restaurant operators and individuals who want to preserve consumer choice. "Do little kids steal their parent's car keys and drive themselves to McDonald's?"

He said the suits have more to do with fattening attorney wallets than with thinning consumers.

Experts say the fast-food suits are a natural outgrowth of tobacco litigation, and that courtrooms can expect to see more of them in the future.

Walter Olson, a Manhattan Institute fellow specializing in legal-system issues, said it was clear that the suit was trying to cash in on the publicity over the tobacco settlements as well as reports showing rising obesity among children.

"These suits would have you believe that these kids have been robotically going to fast-food restaurants every day and that there's no one around to stop them," he said, adding that "most people should know that eating a Big Mac is different than eating lettuce."

Although Banzhaf agrees that fast food isn't inherently addictive like tobacco, he said McDonald's must provide clear health warnings just as cigarette makers do.

Banzhaf said the suits are grounded in a report released by the U.S. surgeon general last December that said obesity kills an estimated 300,000 Americans each year and costs $117 billion in health-related costs. There are nearly twice as many overweight children and almost three times as many overweight adolescents as there were in 1980.

"Even at Disneyland you find signs everywhere saying that kids have to be a certain height to get on certain rides," he said. "This should be obvious, but Disneyland doesn't want to be held liable if a parent isn't smart enough to know this."

I hate people that sue for stupid shit like this. Nobody MADE them walk into McDonald's. They could have just as easily walked into a supermarket and purchased something nutritious!!! :mad:

I hate people that bitch about being overweight!!! Stop eating fastfood and quit drinking pop. That will solve half of the problem right there! Take some f*cking responsiblity for your own actions. Don't blame your problems on somebody else!

Re: Overweight teens file fat lawsuit against McDonald's
 

This is why children have parents. Adult are supposed to teach their children about nutrition on healthy eating habits. What we have here is a gross lack of parental responsibility. And for them to sue a restaurant chain for what was essentially their failure...:mad:

This country is filled with greedy people who are out to make a quick buck on a frivolous lawsuit. It's ridiculous. :mad:

I wish judges would just throw the cases out of court and rule that the plaintiffs pay for the defendants' legal fees. That would nip some of it in the bud pretty quickly. :D

another junk lawsuit to make a quick buck :rolleyes:

not to sound mean or anything, but did they think eating mcd's would actually be healthy because it had lettuce & tomato in the greasy hamburger?!

No, children are not capable of making health-related decisions, but if they are children, their PARENTS probably make a quick pass through the drive-thru for them or even provides the funds for the fast food since children obviously can't have jobs.

And sure, Mcdonald's tries to attract children with playgrounds and happy meals. It's called "MARKETING" everyone does it. It's not like McDonald's is hypotizing the kids to tell them to eat 5 Big Macs everyday.

I think that lawyer is just trying to get his name out. :rolleyes: I hope these cases are thrown out the window. What a waste of time and taxpayer money.

I agree with everyone who is blasting the parents -- why don't the kids sue THEM for doing such a crappy job and letting their kids eat at McDonald's all the time?

Also, as an attorney, I have to admit that I am ashamed of my profession when lawsuits like this get filed. I'm not blaming the attorney totally, because there must be a client to have a case and the client is the one behind it, but I would never in a million years represent a client in such a stupid case.

I'd love to hear what these people who are sueing sound like. Seriously, when you are watching TV news and people are getting so deeply indignant oversomething.....they seem to lose their mastery of the English language. It's so embarassing. You don't want to call them white trash....but it's on the tip of your tongue.

On another note.....have McD's unveiled their new "healthy" fries yet? I bought some this past weekend and didn't notice much of a difference.

I just hope this case gets thrown out by a judge, and the lawyer had his fat clients get made out to look like the greedy retarded scum of our society that they are.
Have a fucking carrot bitch!

When it comes to Tobacco and McDonalds there's an important distinction between the addictions. Tobacco intentionally has an ingredient to make you want to smoke more. McDonalds you can do without for a lifetime. I don't think the oil from chicken nuggets inclines you to take another hit of that good ish.

Man even I knew when I was a little kid that too much fast food was unhealthy. It just shows you how fat our country is getting.

Since I started working out this past summer I forgot how fun it was to do sports. During my frosh year of college I was addicted to staying in my dorm and playing Counterstrike on the computer. Now I can't wait to get back to school so that I can work out again.

Re: Overweight teens file fat lawsuit against McDonald's
 

Oh I'm sorry~ I did not realize that children were paying for their happy meals...I thought it was at a parent's discretion as to whether or not a child should eat what they do.

LMAO! :D

OK, reading this thread made me hungry for a Wendy's spicy chicken combo at lunch. I'm suing John Hammell's ass for running such an ennabling website. :D

Wasn't it Dr. Phil that said " 2 words - STEERING WHEEL!"!

Kids don't drive and lots of McD's and other fast food places are in a congested commercial area!

Okay, that being said, I only go to McD's for the fries and Coca Cola..the hamburger comes with it, lol. ;)

whatEVER
 

LMAO!! That's awesome.

But seriously, I can't believe people actually think they'll get away with suing fast food places.

PLUS, if they're smart they just go for healthier stuff at the restaraunts. It's not like a greasy burger is your only option. Burger King has a decent menu of healthy stuff -- salads, baked potatoes, even their chicken strips -- and lots of it is inexpensive, too.

I think this is the silliest lawsuit I've heard of in awhile. I mean, of course McDonald's markets to kids... they are a business and they want to make money so they advertise. It is up to people to use their intelligence and rationale to decide whether or not to succumb to advertising and how often. I really feel sorry for these kids that their parents never taught them that.

By the way, when at fast food restaurants beware of the "healthy" stuff too! It's usually not so healthy, as the salads have cheese, dressing and croutons and the chicken sandwiches have mayo... yikes!

Mayo........mmmmmmmmmmmm
Cheezy....mmmmmmmmmmmm

hhhmmmm dinner time.

After all this talk of unhealthy food I think I'll have some pasta tonight.

Re: Overweight teens file fat lawsuit against McDonald's
 

Sure sounds like they're eating more than Happy Meals! Besides, people that large shouldn't be playing on the playground equipment 'cause they'll break it.

They've got to be kidding! This has "fast-buck"written all over it. If anything the parents should be in trouble for child neglect.

Explain to me if the parents are 1. buying them mcdonalds 2. disregarding any drs. advice (if they were even taking them to the drs!) or 3. letting the kids be sedentary, why is McDonalds being sued again?

Just as a note. Not all overweight people are overweight because they eat unhealthfully and are sedentary. I am a big woman. I don't deny it. However, I think I eat fast food about once a month, and I go to the gym 4 days a week. I don't drink soda because it makes me nauseous. I'm currently undergoing blood tests to see what the problem is.

Just please think before you say you "hate" people.

That's really true. Some people are just built larger, which doesn't automatically mean they're not healthy. Shine, it sounds like you're doing pretty well!

I think what we're talking about is how people try to blame other people for their own actions. If, and this is a big IF, these peoples' weight problems were caused solely by McDonalds' cuisine, it's still not the restaurant's fault because everyone has a choice on whether to eat there or not. It's that simple. Same with the smokers suing tobacco companies...the surgeon general's warning has been on those wrappers for years, so all this "But, I didn't know!" stuff just doesn't wash. :mad:

This is why children have parents.

What the f*ck ever happened to individual responsibility in this country?

XOXO,
Annie. :mad:

doesn't seem like the parents are capable either.

sorry i don't think a kid at 5'9" is going to be attracted to a Mcdonald's play structure...

Re: Overweight teens file fat lawsuit against McDonald's
 

He's right, this is the realm of the ridiculous. It isn't McDonald's fault that these kids are overweight. It's the parents' for taking the kids to McDs that often and not monitoring their food choices. The child has a responsibility as well, because most kids that tall are usually old enough to make some smart choices about what they put into their bodies and what they do to get exercise/play.

Even at McD's, it's a lot better to get a plain hamburger happy meal than to get a double quarter pounder supersize meal. Nope, neither are really healthy, but the first one is a lot better than the second. I also doubt either of these kids are eating happy meals any more. If they are then it's probably like our oldest son...he's 12, 5'2" and weighs 144 in football pads :) We go to McD's anywhere from 1-3 times/month. He'll order a happy meal, but he's usually still hungry when he finishes it. I wonder if these kids go home and eat again after going to McD's? If they do, are their parents offering fruit or fat free low sugar yogurt or sugar free popsicles or whatever as a snack? </rant>

For our GC law types--please tell me that this one is gonna be tossed out well before it ever gets to court. Please.

Christin

I heard somewhere that McD's is going bankrupt. Anyone else hear anything about it?

Last night Jay Leno was talking about this....question, how old is this kid if he is 5'9???

He could be as young as 12 and as old the law in their state says a child would be (probably 17-20?) There's a 12 year old on the football team who's almost 5'7", that's what I'm basing the age range upon :)

Still, he'd have to be old enough to think for himself, ya know?

Christin

Lol! Seriously! 5'9" is a pretty big "happy meal" kid. I mean, the toys aren't that great.


You're right, you do have to watch what is put on to your stuff or get can get unhealthy again. But I know there are some fast food places you can go to (like Burger King) and get healthy alternatives to a big ol' burger with large fries -- and damn a Whopper suddenly sounds good now... (drools).

But my point is that even if you are only taken to fast food places, you still can eat foods that are relatively healthy and low in fat if you want to. That's what I do whenever my boyfriend and I end up at a fast food place.

Oh, but some idiot judge or overweight jury will probably agree......remember the woman who sued and won because she burned her mouth drinking coffee----someone didn't tell her it was hot. DUH!

Oh, but some idiot judge or overweight jury will probably agree......remember the woman who sued and won because she burned her mouth drinking coffee----someone didn't tell her it was hot. DUH!

Oh, not the coffee thing again. That actually wasn't a stupid lawsuit (ha ha, I just accidentally typed "lawshit" -- how funny) because as I understand it, McDonalds had been making their coffee WAY too hot and it was dangerous and they were told to fix that but never did. She had serious burns, not the kind of burns you would get from regular coffee.

UPDATE
 

Obesity Suit Against McDonald's Dismissed
57 minutes ago Add Business - Reuters to My Yahoo!


By Gail Appleson

NEW YORK (Reuters) - In a major victory for the fast food industry, a federal judge on Wednesday dismissed a widely watched suit in which McDonald's hamburgers and French fries were blamed for children's obesity.




U.S. District Judge Robert Sweet said the plaintiffs, including a 14-year-old girl who is 4-foot-10 and 170 pounds, failed to show McDonald's Corp.(NYSE:MCD - news) products presented a danger unknown to consumers. He also cited concerns the case could "spawn thousands of similar 'McLawsuits"' against all types of restaurants.


"This opinion is guided by the principle that legal consequences should not attach to the consumption of hamburgers and other fast food fare unless consumers are unaware of the dangers of eating such food," Sweet said.


"If consumers know...the potential ill health effect of eating at McDonald's, they cannot blame McDonald's if they, nonetheless, choose to satiate their appetite with a surfeit of supersized McDonald's products."


Although the judge threw out the suit in it's entirety, he ruled the plaintiffs could refile claims in Manhattan federal court within certain limits.


Sweet also said McDonald's had rightfully pointed out that the case was the first of its kind to reach this stage in federal court and could result in thousands of copycat cases.


The suit was brought on behalf of overweight children who ate at two McDonald's restaurants in the Bronx borough of New York City. The plaintiffs sought unspecified damages, blaming McDonald's for health problems that included diabetes, coronary heart disease, high blood pressure and elevated cholesterol.


The suit was one of at least four cases filed against McDonald's and other fast food chains over the obesity issue. At least two cases have been dropped and another is dormant.


The judge noted that Americans spend more than $110 billion on fast food each year, and cited studies showing that on any given day in the United States, almost one in four adults visits a fast-food restaurant.


"The potential for lawsuits is even greater given the numbers of persons who eat food prepared at other restaurants in addition to those serving fast food," Sweet said, citing reports that show almost half of the American food dollar is spent on food eaten away from home.

He said the court had a duty to "limit the legal consequences of wrongs to a controllable degree and to protect against crushing exposure to liability."

Thanks for the update! I'm so glad this lawsuit got blasted out of the water.

Thank god they threw it out. People are just plain stupid if they don't know fast food makes them fat.

on a similar note... i heard on the news that the new pita sandwich that is getting advertised every 5 minutes has more calories and fat than (I believe) a quarter pounder (or something similar to that.)

i can hear the lawsuits now: but I thought pita sandwiches were supposed to be healthy :rolleyes:

bah...

I'm so glad the case got thrown out.

This is just another example of parents refusing to actually raise their kids properly and blame society and businesses for how they turn out.

I read the judge's opinion a few minutes ago- it's pretty entertaining. Any of you law people, i'd highly suggest it. Nice, easy opinion to read as well

Well, I have some sort of in on this subject considering my fiancee works for the McDonalds Co. He actually thought that McDonalds was going to settle out of court so they did not have to deal with the publicity. I guess considering that the case got so much publicity they went through with it. As for the fact that they are going bankrupt, that is not true. What is true, due to the economy, they closed lots of stores and there stock is going way down (not a good thing for my fiancee). While I do not know if this is exactly true, my fiancee has said that Burger King is going bankrupt.

Back to the case, I to am happy that they threw it out, not only because the close tie I have to McD, but for the fact that I believe that it was stupid that the parents were blaming McD instead of looking at themselves.

~Dorothy =)

The case will resurface. I hope McDonald's will have to pay for their crimes, and I hope I live long enough to see it.

Pay for what crimes? If anything, the parents of these obese children on whose behalf they're filing lawsuits need to pay for the carelessness with which they raised their kids! Geez, feeding them Mcdonalds to the point of obesity?!

XOXO,
Annie.