The Center for Science in the Public Interest (CSPI) has notified McDonald’s Corp. that it intends to sue the company within 30 days if it does not immediately stop using toys to market its Happy Meals® to young children. The letter characterizes the practice as “illegal, because marketing to kids under eight is (1) inherently deceptive, because young kids are not developmentally advanced enough to understand the persuasive intent of marketing; and (2) unfair to parents, because marketing to children undermines parental authority and interferes with their ability to raise healthy children.” The June 22, 2010, letter claims that McDonald’s has violated the consumer protection laws of California, Massachusetts, New Jersey, Texas, and the District of Columbia. According to CSPI, each of the 24 Happy Meals® food combinations is 26 percent higher on average in calories than a reasonable lunch and contains more saturated fat, sodium and sugar than a…
Tag Archives fast food
A San Francisco elected official has reportedly asked the city attorney to draft an ordinance that would prohibit “fast food restaurants from including toys with meals marketed at children that are high calorie, high sugar and high in fat.” The request comes after the Santa Clara County Board of Supervisors’ recent approval of a similar ordinance. San Francisco District 1 Supervisor Eric Mar (D) told a news source that his effort is intended to reduce childhood obesity. “We will protect our communities from fast food companies that are spending $1.6 billion marketing their wares to children,” he said. See The San Francisco Examiner, April 28, 2010, and Nation’s Restaurant News, May 2, 2010.
Cambridge Health Alliance researchers studying the investments of health and life insurance companies have apparently concluded that the companies own some $1.88 billion, or 2.2 percent, of the stock issued by the five leading fast-food companies. Arun Mohan, et al., “Life and Health Insurance Industry Investments in Fast Food,” American Journal of Public Health, April 15, 2010. The analysis relied on shareholder analysis from the Icarus database, accessed in June 2009. The researchers, who call for the insurance companies to divest themselves of these holdings or to leverage their holdings “to force the adoption of practices consistent with widely accepted public health principles,” consider the insurance companies’ investments inconsistent with their missions and public health role. The authors speculate that the investments may return more than the costs of insuring people who consume fast food or the companies may be investing this way through inadvertence, that is, “insurers are unaware…
The Romanian government has reportedly proposed a tax on fast foods high in fat, sugar and salt. Backed by the European Public Health Alliance, the health ministry has sought to create the world’s most comprehensive tax scheme that would include, not just sugary foods and beverages, but savory fare as well. Proponents have claimed that the measure would help combat rising obesity rates in the Balkan nation while simultaneously raising £860 million for government coffers. But legislators have apparently struggled to define fast food as they consider more than 40,000 products eligible for the levy. They have already exempted popular street fare like pizza and kebabs on the ground that these items are often made from fresh ingredients, drawing further criticism from detractors who have questioned the proposal’s uneven application. In addition, the World Health Organization has noted that the plan penalizes vulnerable populations in a country where the average…
Comparing fast-food advertising icon Ronald McDonald to Joe Camel, Corporate Accountability International has initiated a campaign calling on McDonald’s Corp. to “Retire Ronald.” The campaign is based on a report, “Clowning with Kids’ Health,” that calls the character “the product of a well-orchestrated and shrewd marketing strategy” that targets those most vulnerable to food-industry marketing—children. The report traces the development of Ronald McDonald, now claimed to be as recognizable as Santa Claus, and notes how the character is even used on report cards in schools. Decrying the “unhealthy food” that the character promotes and the industrial supply chain fast food supports, the report calls on McDonald’s to stop using celebrities or cartoon characters to promote its products and urges individuals to support local efforts to remove food advertising from schools, libraries and playgrounds. Corporate Accountability International is a Boston-based corporate watchdog nonprofit whose advisory board includes nutrition professor Marion Nestle, public…
The U.S. district court judge now presiding over the obesity-related claims in Pelman v. McDonald’s Corp. has ordered the parties to refile a number of documents previously submitted on motions addressing class certification. Pelman v. McDonald’s Corp., No. 02-7821 (S.D.N.Y., order entered March 24, 2010). Among the documents the court has requested are the defendant’s motion for an order striking the class allegations in plaintiffs’ second amended complaint and plaintiffs’ cross motion to certify a class and motion for an order further denying the defendant’s motion to strike. Filed in 2002 and appealed twice to the Second Circuit Court of Appeals, this litigation seeks damages for the obesity-related health conditions of teenagers who contend they were misled by fast food advertising. Claims that the food consumed in defendant’s restaurants caused the plaintiffs’ health problems are no longer in the case.
Over the past two years, little has taken place in Pelman v. McDonald’s Corp., the putative class action litigation brought in 2002 on behalf of obese and overweight teenagers who alleged that the fast food restaurant is responsible for their weight-related health conditions. On March 10, 2010, the case was reassigned to U.S. District Court Judge Donald Pogue. Since Judge Robert Sweet recused himself in 2008 from the case he had heard through two trips to the U.S. Court of Appeals, the matter has been passed to three different judges. Currently pending before the court is plaintiffs’ motion to certify the class. Pelman v. McDonald’s Corp., 02-7821 (S.D.N.Y., filed September 30, 2002).
A putative class action has been filed in a Madison County, Illinois, court alleging that a fast food chain has fraudulently advertised its Super Stacked™ sub sandwiches “as containing ‘double portions of meat’” compared with its standard sandwiches, when they do not have double the meat. Williams v. Kahala Corp., No. 10-L-166 (Ill. Cir. Ct., Madison Cty., filed February 12, 2010). According to the complaint, while defendant charges a premium for its Super Stacked™ sandwiches, they “do not have double the protein” because “they do not have double the meat.” The plaintiffs allege that a 12-inch BLIMPIE Best™ sandwich has 50 grams of protein, while its Super Stacked™ counterpart “contains only 73 grams of protein.” They also allege that some Super Stacked™ sandwiches have no “regular” counterpart with which consumers can compare. Seeking to certify a class of all persons who purchased a Super Stacked™ sandwich from Blimpie restaurants in…
The Humane Society of the United States (HSUS) has reportedly purchased stock in Jack in the Box Inc. and Steak n’ Shake Co. in an effort to persuade each restaurant chain “to implement the types of basic animal welfare changes many of its competitors have made.” The activist group has criticized both companies for allegedly using “eggs from caged hens, pork from crated pigs, and poultry from producers that use a particularly cruel but standard method of slaughter.” HSUS has purportedly employed similar tactics to influence other establishments, in addition to supporting legislation in Michigan and California that phases out “extreme confinement of certain farm animals.” One HSUS spokesperson also stated that these production methods are at odds with “public opposition to farm animal abuse,” opining that Jack in the Box’s “history with food safety” should make “improving conditions on the factory farm . . . a top priority.” See…
Representative Dennis Kucinich (D-Ohio) has introduced a bill (H.R. 4310) that would amend the tax code to deny “any deduction for advertising and marketing directed at children to promote the consumption of food at fast food restaurants or of food of poor nutritional quality.” The proposal defines “food of poor nutritional quality” as food “determined by the Secretary (in consultation with the Secretary of Health and Human Services and the Federal Trade Commission) to provide calories primarily through fats or added sugars and to have minimal amounts of vitamins and minerals.” Among those advertising-related expenses that could not be deducted would be travel (including meals and lodging), “goods or services of a type generally considered to constitute entertainment, amusement, or recreation or the use of a facility in connection with providing such goods and services,” gifts, and other promotion expenses. The bill, which has four co-sponsors, was referred to the…
