A provision in the U.S. House of Representatives’ proposed 1,990-page health care legislation (H.R. 3962) requires fast-food chains with 20 or more locations and vending machine owners to conspicuously post calorie counts. Section 2572 apparently goes a step further than menu-labeling initiatives in New York City and elsewhere by also requiring information about how those calorie counts fit into recommended daily guidelines. The provision requires that chain restaurants list the information “on the menu board including a drive-through board” and mandates that vending machine operators provide the data on “a sign in close proximity to each article of food or the selection button.” A spokesperson for the National Restaurant Association told a news source: “We’re very pleased that the nutrition information provision continues to garner bipartisan support, and we’re pleased that the agreement is now moving forward in the House of Representatives.” See Politico, October 30, 2009; Advertising Age, November…
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Connecticut residents have filed a putative class action in state court against several fast food companies alleging that they violated consumer protection laws by selling grilled chicken products containing a carcinogenic chemical without providing warnings. Delio v. McDonald’s Corp., No. __ (Conn. Super. Ct., Hartford Cty., filed October 21, 2009). They seek to represent a class of all individuals who purchased and ingested these products in Connecticut and allege that the defendants knew or should have known that PhIP is formed when chicken is grilled and that it “has no safe level for ingestion.” The named plaintiffs, who are represented by The Cancer Project, a Washington, D.C.-based nonprofit organization, seek warning signs, actual damages, punitive damages, and attorney’s fees. The complaint refers to scientific research on PhIP and notes that California placed it on its list of chemicals known to the state to cause cancer in 1994 and that the…
A new Rand Corporation study claims that South Los Angeles’ 2008 ban on new or expanded fast-food restaurants is unlikely to improve residents’ diets or reduce obesity because the area actually has a lower concentration of these establishments per capita than other areas of the city. Researchers apparently discovered that South Los Angeles has an abundance of small food stores and other food outlets where residents consumed significantly more “discretionary” calories from sugary or salty snacks and soft drinks compared to residents of wealthier neighborhoods. The ban, approved by the Los Angeles City Council in August 2008, “may have been an important first by being concerned with health outcomes, but it is not the most promising approach to lowering the high rate of obesity in South Los Angeles,” the study’s lead author was quoted as saying. “It does not address the main differences we see in the food environment between Los…
The Physicians Committee for Responsible Medicine (PCRM) has sued KFC Corp. and its parent Yum! Brands, Inc. in a California court, alleging that they have failed to comply with Proposition 65 (Prop. 65) by selling grilled chicken without warning consumers that it contains a substance, PhIP, known to the state to cause cancer. PCRM v. KFC Corp., No. __ (Cal. Super. Ct., San Francisco Cty., filed September 23, 2009). According to a news source, the allegations are nearly identical to litigation PCRM filed in 2008 against other fast-food restaurants. A court dismissed that complaint, citing the preemption of Prop. 65 claims by federal law which requires chicken to be cooked to food-safe temperatures. PCRM has reportedly appealed the court’s ruling, arguing that the food-safe temperature requirement is merely U.S. Department of Agriculture policy and that states traditionally govern public health and safety issues. KFC was not apparently included in the earlier…
“Industry critics compare the intent of fast-food companies to that of cigarette makers, who first came under attack for marketing to children decades ago,” writes BusinessWeek’s Douglas MacMillan in this article detailing the efforts of consumer advocacy groups to outlaw food advertising to children. According to MacMillan, “public criticism and mountains of data linking obesity, diabetes and other health problems to the regular consumption of fast food has [sic] caused the industry to rethink its entrenched practice of marketing to kids.” His overview cites the creation of the Children’s Food & Beverage Initiative under the auspices of the Council for Better Business Bureaus (CBBB), which requires signatories to limit their advertising to children and promote food considered healthy by the Food and Drug Administration. This initiative, however, has apparently failed to deter groups like Corporate Accountability International, which has taken up the banner against fast-food companies. “Both the tobacco and fast-food industries…
This student-authored case note discusses the obesity-related class litigation filed in 2002 against McDonald’s Corp. involving named plaintiffs who are urban minority youths. The author contends that, while the proposed class definition includes a much broader population of New York residents, framing such litigation to connect obesity with socioeconomic status and race “could have been a valuable opportunity to reframe the obesity issue to highlight its effect on low-income urban minority youth.” According to the article, this reframing could have garnered more positive media attention, which could have spurred the environmental changes that the author believes are needed to combat obesity in this population. The article briefly discusses how “tobacco-style” lawsuits can be part of an effective public health strategy, noting “as was the case with tobacco litigation, if the public becomes convinced that urban minority youth are being misled or manipulated by the food industry, then the politics of fast…
Campaign for a Commercial-Free Childhood (CCFC) has launched a letter-writing initiative to dissuade Burger King from using a “highly sexualized” television commercial to advertise its 99-cent SpongeBob Kids Meal. According to CCFC, the ad features Burger King’s mascot “singing a remix of Sir Mix-A-Lot’s 1990 hit song, ‘Baby Got Back,’ with the new lyrics, ‘I like square butts and I cannot lie,” intercut with images of Nickelodeon’s popular cartoon character dancing on a TV screen in the background. The consumer watchdog has also criticized Burger King for airing the commercial during the NCAA basketball finals. “It’s bad enough when companies use a beloved media character like SpongeBob to promote junk food to children, but it’s utterly reprehensible when that character simultaneously promotes objectified, sexualized images of women,” CCFC Director Susan Linn was quoted as saying. “That Burger King and Nickelodeon would sell kids meals by associating a beloved, male character…
A federal court in California has approved the settlement of class claims against Wendy’s International, Inc. involving its use of trans fats in fried food products. Yoo v. Wendy’s Int’l, Inc., No. 07-04515 (C.D. Cal., filed March 13, 2009). In its revised order and final judgment, the court overruled objections to the settlement, certified a nationwide settlement class and dismissed the complaint with prejudice. The defendant was ordered to add $450,000 plus interest to the $1.8 million already in an escrow account to be divided equally among the American Cancer Society, American Diabetes Association, American Dietetic Association, and American Heart Association. The court also ordered the defendant to ensure that its fried foods are cooked in oil containing a level of trans fat per serving that “can be represented as 0 grams of trans fat,” under Food and Drug Administration regulations. Wendy’s was further ordered to “pay for and subject its…
In response to a shareholder resolution, McDonald’s Corp. this week reportedly agreed to take preliminary steps to reduce pesticide use in its domestic potato supply. According to a news source, the fast-food chain will survey its U.S. potato suppliers, compile a list of best practices in pesticide-use reduction and recommend those practices to global suppliers. The results, to be shared with investors, will be included in the company’s annual corporate social responsibility report. McDonald’s is the largest purchaser of potatoes in the United States and said in a statement that the process would support ongoing efforts to make its supply chain sustainable. “Our U.S. potato suppliers are already working with their growers to advance sustainable pesticide practices, such as reductions and alternative methods.” See Reuters.com, March 31, 2009.
Since it was filed in 2002, the lawsuit filed by a putative class of teenagers alleging obesity-related injury purportedly caused by reliance on deceptive advertising for fast food has been appealed twice to the Second Circuit Court of Appeals and is now before its third trial court judge. Pelman v. McDonald’s Corp., No. 02-7821 (S.D.N.Y., filed Sept. 30, 2002). The case was reassigned to Judge Kimba Wood on February 27, 2009. Judge Wood was one of former President Bill Clinton’s picks for attorney general, but withdrew from consideration after questions were raised about the immigrants she had hired as household help. Nominated to the federal court bench in 1988 by President Ronald Reagan, the Harvard-educated jurist has served as chief judge of her district since 2006.
