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Old 07-26-2002, 08:01 AM   #1
The Hunter of Jahanna
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Quote:
Wednesday, July 24, 2002
By Michael Y. Park


NEW YORK — Want a class-action lawsuit with that burger?

A New York City lawyer has filed suit against the four big fast-food corporations, saying their fatty foods are responsible for his client’s obesity and related health problems.

Samuel Hirsch filed his lawsuit Wednesday at a New York state court in the Bronx, alleging that McDonald’s, Burger King, Wendy’s and KFC Corporation are irresponsible and deceptive in the posting of their nutritional information, that they need to offer healthier options on their menus, and that they create a de facto addiction in their consumers, particularly the poor and children.

"You don't need nicotine or an illegal drug to create an addiction, you're creating a craving," Hirsch said. "I think we'll find that the fast-food industry has not been totally up front with the consumers."

The suit does not specify the amount of damages Hirsch and his client are seeking.

Industry officials lambasted the legal action.

"It's senseless, baseless and ridiculous," National Restaurant Association spokeswoman Katharine Kim said. "There are choices in restaurants and people can make these choices, and there's a little personal responsibility as well."

KFC spokeswoman Amy Sherwood said her company couldn't comment on the lawsuit because it hadn't yet been served, but dismissed the idea that the fried-chicken chain ought to be held responsible for anyone's health problems.

"Eating sensibly combined with exercise is the best solution for a healthy lifestyle," she said. "KFC offers a variety of menu offerings for those who want a more healthy choice."

Walter Olson, a Manhattan Institute fellow specializing in legal-system issues, called the suit a blatant attempt to cash in on the recent publicity over obesity and the tobacco settlements. He also said it disregarded the idea that people are responsible for their own actions.

"Most people are aware if eating double cheeseburgers, it's not the same as celery," he said. "We all have appetites, but people have no trouble walking down the street and buying a different kind of food. They’re not somehow forced to keep going back and keep supersizing. Overeating is a bad habit and is one of the pitfalls of human nature."

So far, there's only a single complainant named in the suit, but Hirsch said at least two other clients would be filing soon in what he aims to make into a class-action lawsuit. All were regular fast-food consumers who suffer from ailments ranging from obesity to diabetes.

The lead plaintiff, 56-year-old maintenance supervisor Caesar Barber, ate at fast-food restaurants four or five times a week and blames his fatty diet for his obesity, diabetes, high blood pressure and cholesterol and the two heart attacks he has suffered.

"I trace it all back to the high fat, grease and salt, all back to McDonald’s, Wendy’s, Burger King – there was no fast food I didn't eat, and I ate it more often than not because I was single, it was quick and I’m not a very good cook," Barber said in an interview with Foxnews.com.

"It was a necessity, and I think it was killing me, my doctor said it was killing me, and I don't want to die."

Frances Winn, a 57-year-old retired nurse, said her habit of eating at fast-food restaurants at least twice a week since 1975, caused her to go from a size 6 to a size 18, and inflicted her with hypertension, high cholesterol and a hyperthyroid problem.

Israel Bradley, 59, said his ritual of eating a pound of french fries a week gave him high blood pressure, diabetes, made him obese and forces him to walk with a cane. In 1993, he passed out and had to be rushed to the emergency room because of the medical problems caused by his diet.

"I got addicted to it," he said.

Winn and Bradley would both file New York state suits soon, Hirsch said.

The aim of the legal action is to force the fast-food industry to "offer a larger variety to the consumers, including non-meat vegetarian, less grams of fat, and a reduction of size" of their meals, along with federal legislation that would require warning labels on fast food similar to those on tobacco products, Hirsch said.

"Hopefully it will change the eating habits of the American public," he said.

In December, then Surgeon General David Satcher declared obesity America's soon-to-be number one killer, and urged for there to be a healthier range of food available to consumers.
This sickens me!!! How can anyone try to blame a fast food restaurant for their health problems?? No one told them to eat there 5 times a week and "super size it"!! It is outrageous that people will sue over anything , just so that they dont have to feel responsible for their own actions!! Maybe if the people trying to sue got their fat asses into a gym more often then a McDonalds they wouldnt have the health problems that they have.Maybe if they werent lazy piles of jiggling grease they wouldnt have gone from a size 6 to an 18!! Like someone in the article said, there is a big diffrence between a celery stick and a double cheese burger.
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Old 07-26-2002, 08:03 AM   #2
Lord Shield
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What a pile of shite!!

Was he FORCED to go there and scarf all that stuff?

how about exercise? did he bother to shift his worthless butt?

I hope that not only hte legal action fails, but the git has to pay for wrongful prosecution or something

[ 07-27-2002, 05:40 PM: Message edited by: Lord Shield ]
 
Old 07-26-2002, 08:06 AM   #3
Ar-Cunin
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Old 07-26-2002, 08:09 AM   #4
Deathbringer
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Quote:
Originally posted by Lord Shield:
What a pile of shite!!

Was he FORCED to go there and scarf all that stuff?

how about exercise? did he bother to shift his worthless butt?

I hope that not only hte legal action fails, but the disgusting fat git has to pay for wrongful prosecution or something
I totally agree! I bet if he wins, he's gonna spend all the money on more burgers!
 
Old 07-26-2002, 09:22 AM   #5
Larry_OHF
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I eat fast food at least three times a week, namely Wendy's, Arby's and others...I am not fat,,,in fact I am underweight for my average height and age...but that's no problem. Yet I would never be fool enough to blame anyone for my eating habits. I do not have to eat at those places. I could get outta bed 10 minutes earlier and make a better meal for my self and bring it to work with me, if I cared to. But I don't care to. I enjoy super-sizing a Wendy's Spicy Chicken Combo and having a 44oz. Cheerwine. It lifts my spirits and all that.
That is my decision...those resturaunts are not liable for that.
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Old 07-26-2002, 09:55 AM   #6
Bruce The Aussie
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umm how could his claim actually have any standing in court. like Lord Shield implied, he wasn't forced to eat at those resturants (if you can call them that).
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Old 07-26-2002, 10:23 AM   #7
Azred
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Well, if those people had not been successful in their suits against the tobacco companies, this kind of lawsuit probably would not be happening. I agree that smoking increases the incidence of various diseases, but the tobacco companies never forced anyone to smoke.

I'm surprised someone hasn't sued automobile manufacturers becuase people die in car wrecks. "If your company had put warning labels on cars such as 'Warning: Driving or Riding in a Car May Result in Death' then my family member would still be alive" or some such nonsense. This suit is just a publicity stunt and another example of someone not wanting to accept the consequences of their own actions. [img]graemlins/idontagreeatall.gif[/img]
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Old 07-26-2002, 10:31 AM   #8
Melusine
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Quote:
Originally posted by Bruce The Aussie:
umm how could his claim actually have any standing in court. like Lord Shield implied, he wasn't forced to eat at those resturants (if you can call them that).
I think what they're trying to claim is that fast food restaurants should offer "a larger variety to the consumers, including non-meat vegetarian, less grams of fat, and a reduction of size". What a load of bullshit!! Do you know where you can get all that? In the bloody supermarket! It's not as if we're dependent on fast food chains for our nutrition, so if you want less fat and smaller meals, just cook them yourself! Like Larry I'm actually underweight and sometimes eat fast food... should I demand that they make even bigger, fatter meals
so I can gain weight?
In other parts of the world people are dying of malnutrition and hunger, for God's sake!
I can understand that some people have a fair case against tobacco companies: if they started smoking a long time ago, it's possible that they have been mislead into thinking smoking is harmless or even healthy. But I don't think ANY fast food chain has ever tried to claim that having supersized meals three times a week is healthy! It's always been common knowledge that too much fat is unhealthy, so this man only has himself to blame.

[ 07-26-2002, 11:45 AM: Message edited by: Melusine ]
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Old 07-26-2002, 10:35 AM   #9
Melusine
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Quote:
Originally posted by Azred:
Well, if those people had not been successful in their suits against the tobacco companies, this kind of lawsuit probably would not be happening. I agree that smoking increases the incidence of various diseases, but the tobacco companies never forced anyone to smoke.
Sorry, but those are two different things. Like I said above, everybody has known for a long time that non-varied, high-fat food is unhealthy. However, people that started smoking a long time ago were mislead into thinking it wasn't dangerous. There have even been commercials saying smoking is good for you! The tobacco industry has long been hiding facts about the addictiveness of nicotine, so these lawsuits actually make *some* sense.

[ 07-26-2002, 10:39 AM: Message edited by: Melusine ]
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Old 07-26-2002, 10:47 AM   #10
Lord Shield
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Quite so. Tobacco is an addictive substance. IMO, it qualifies as a drug

Fast food, however, is just that... food. That git (pardon my language) could have gone to the supermarket or a normal restaurant or any number of sources

[ 07-27-2002, 05:49 PM: Message edited by: Lord Shield ]
 
 


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