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Old 05-01-2003, 07:23 AM   #1
Dreamer128
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Join Date: March 21, 2001
Location: Europe
Age: 39
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David Teather in New York
Friday February 21, 2003
The Guardian


McDonald's was last night facing a renewed legal action claiming the fast food chain was responsible for health problems among a group of obese American children.


Lawyers representing eight overweight children in New York have seized on comments made by a judge in dismissing an earlier suit, that the world's largest restaurant chain was serving "McFrankenstein" food. The renewed complaint carries a 46-page amendment that argues consumers are not fully aware of what goes into McDonald's food.

One plaintiff, a 15-year-old boy, is 5ft 6in and weighs 400 pounds. The diabetic claims to have eaten at McDonald's almost every day since he was six.

The decision by lawyers to renew the suit is an uncomfortable development for the restaurant and food industries, which fear they could become the next focus for the fee-hungry legal profession after the tobacco business.

Judge Robert Sweet was bluntly dismissive of the original complaint last month brought on behalf of two children from the Bronx.

But he left the door open for potential litigants if it could be proved there are dangers in eating McDonald's food that are not commonly known. He said it could be argued that Chicken McNuggets, instead of being simply chicken fried in a pan, are a "McFrankenstein creation of various elements".

The amended lawsuit argues that McDonald's engaged in "deceptive practices" in its promotion and advertising. The lawyer, Samuel Hirsch, said: "They're speaking out of both sides of their mouth," when the company claims its food is healthy but should be eaten in moderation.

The complaint says that a McDonald's nutritional brochure described the fish in its Filet-O-Fish as being "100% cod with a pinch of salt to taste after cooking". But a list of ingredients from by the com pany includes "modified corn starch, dextrose, cellulose gum, citric acid and an anti-foaming agent called dimethylpolysiloxane".

McDonald's had hailed last month's ruling as a victory for common sense. Yesterday it described the renewed suit as "senseless" and "absurd".

"McDonald's serves quality food and ingredients from quality suppliers - bread, chicken, fish, beef, potatoes, eggs, milk and other products common to grocery stores, restaurants and home kitchens."

It added: "Weight issues are all about the totality of an individual's daily choices about exercise, sedentary lifestyle [and] diet."
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