Federal Judge Dismisses Obesity Lawsuit Against McDonald's in New York
OUT STANDING!!!!!!!!! this judge actulay applied common sense....its such a refreshing thing.
Judge Dismisses McDonald's Obesity Suit
Federal Judge Dismisses Obesity Lawsuit Against McDonald's in New York
The Associated Press
NEW YORK Jan. 22 —
A federal judge on Wednesday dismissed a class action lawsuit filed on behalf of New York children that claimed McDonald's food caused them to suffer health problems including diabetes, high blood pressure and obesity.
"If consumers know (or reasonably should know) the potential ill health effects 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," U.S. District Court Judge Robert Sweet said in a 65-page ruling.
"One necessary element of any potentially viable claim must be that McDonald's products involve a danger that is not within the common knowledge of consumers. ... Plaintiffs have failed to allege with any specificity that such a danger exists."
McDonald's spokesman Walt Riker said in a statement that "common sense has prevailed. We said from the beginning that this was a frivolous lawsuit. Today's ruling confirms that fact."
Attorney Samuel Hirsch, who represents the plaintiffs, had argued that the high fat, sugar and cholesterol content of McDonald's food is "a very insipid, toxic kind of thing" when ingested regularly by children. According to McDonald's Web site, a Big Mac packs 590 calories and 34 grams of fat while a large order of french fries weighs in at 540 calories and 26 grams of fat.
Hirsch said the public may generally understand that fast-food burgers and fries are not health food, but does not realize just how bad they can be.
He did not immediately return a telephone call seeking comment.
McDonald's shares were up 5 cents to $15.39 each in midday trading on the New York Stock Exchange.