Parties to Trans Fat Class Action Against Wendy’s Agree to Settle

A California woman who claimed that Wendy’s International, Inc. violated state consumer protection laws by misrepresenting the trans fat content of its French fries and fried chicken products has entered a settlement agreement with the fast-food company. Yoo v. Wendy’s Int’l, Inc., No. 07-4515 (C.D. Cal., settlement filed December 2008). For purposes of the settlement, the parties agreed to the certification of a nationwide class of those who purchased Wendy’s fries and chicken for the past two years. Without conceding any liability, Wendy’s agreed to (i) eliminate trans fat from its frying process, (ii) submit to independent testing, (iii) donate $1.8 million to cancer, diabetes and heart associations, and (iv) not oppose a fee award of up to $1.09 million to class counsel in the Yoo action. Attorneys representing class claimants in similar litigation filed in New York and Florida will share the fee distribution. Wendy’s also agreed to attribute the $2.2 million value of the “cost to it and its suppliers to eliminate trans fat from the frying process” to the settlement class.