# First of the McDonald's suits has been tossed out. **URL:** \ **Category:** Great Debates\ **Created:** [January 22, 2003, 5:46pm UTC](https://boards.straightdope.com/t/first-of-the-mcdonalds-suits-has-been-tossed-out/150259 "2003-01-22T17:46:14Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Jadis](https://avatars.discourse-cdn.com/v4/letter/j/87869e/32.png) [@Jadis](https://boards.straightdope.com/u/Jadis)\ **Post date:** [January 22, 2003, 5:46pm UTC](https://boards.straightdope.com/t/first-of-the-mcdonalds-suits-has-been-tossed-out/150259/1 "2003-01-22T17:46:14Z")
I know that the debate on this topic raged for pages, so I thought I’d update in a new thread. According to [this article on CNN](http://money.cnn.com/2003/01/22/news/companies/mcdonalds/index.htm), the first of the lawsuits against McDonald’s for selling food that makes people fat has been tossed out. From the judge’s opinion: > [@](#): > > Where should the line be drawn between an individual’s own responsibility to take care of herself and society’s responsibility to ensure others shield her? The complaint fails to allege the McDonald’s products consumed by the plaintiffs were dangerous in any way other than that which was open and obvious to a reasonable consumer," Sweet said in his ruling. Although the general concensus appeared to be that it would be tossed, I, for one, am relieved. Any thoughts? I’m assuming that the second suit filed by Ceasar Barger against McDonald’s, Wendy’s, Kentucky Fried Chicken and Burger King will see the same demise. We can only hope. ---
**Author:** ![jeevmon](https://avatars.discourse-cdn.com/v4/letter/j/87869e/32.png) [@jeevmon](https://boards.straightdope.com/u/jeevmon)\ **Post date:** [January 22, 2003, 5:59pm UTC](https://boards.straightdope.com/t/first-of-the-mcdonalds-suits-has-been-tossed-out/150259/2 "2003-01-22T17:59:16Z")
Nice to see that rationality is not completely dead in the legal system. ---
**Author:** ![december](https://avatars.discourse-cdn.com/v4/letter/d/838e76/32.png) [@december](https://boards.straightdope.com/u/december)\ **Post date:** [January 22, 2003, 6:04pm UTC](https://boards.straightdope.com/t/first-of-the-mcdonalds-suits-has-been-tossed-out/150259/3 "2003-01-22T18:04:58Z")
This judge may have been prejudiced in favor of fattening foods. Just look at his name! 🙂 ---
**Author:** ![photopat](https://avatars.discourse-cdn.com/v4/letter/p/e95f7d/32.png) [@photopat](https://boards.straightdope.com/u/photopat)\ **Post date:** [January 22, 2003, 6:12pm UTC](https://boards.straightdope.com/t/first-of-the-mcdonalds-suits-has-been-tossed-out/150259/4 "2003-01-22T18:12:36Z")
It’s always refreshing to see a frivolous lawsuit thrown out. Although, it does cause me some concern for my plans to sue Brachs, Fanny May, et al for the presence of chocolate in so many of their candies. Why didn’t they tell us?!? ---
**Author:** ![Robb](https://avatars.discourse-cdn.com/v4/letter/r/a183cd/32.png) [@Robb](https://boards.straightdope.com/u/Robb)\ **Post date:** [January 22, 2003, 6:16pm UTC](https://boards.straightdope.com/t/first-of-the-mcdonalds-suits-has-been-tossed-out/150259/5 "2003-01-22T18:16:14Z")
The dismissal can be found [here](http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/03-00649.PDF). The judge dismissed it, but the plaintiffs have 30 days to amend their complaint to fix the deficiencies the judge noted. > [@](#): > > This opinion is guided by the principle that legal consequences should not attach to the consumption of hamburgers and other fast food fare unless consumers are unaware of the dangers of eating such food. Since most consumers know fatty foods can lead to fatty people, I wonder whether an amended complaint will plead stunning ignorance. ---
**Author:** ![TaxGuy](https://avatars.discourse-cdn.com/v4/letter/t/b19c9b/32.png) [@TaxGuy](https://boards.straightdope.com/u/TaxGuy)\ **Post date:** [January 22, 2003, 6:32pm UTC](https://boards.straightdope.com/t/first-of-the-mcdonalds-suits-has-been-tossed-out/150259/6 "2003-01-22T18:32:52Z")
> [@](#): > > _Photopat_It’s always refreshing to see a frivolous lawsuit thrown out. I know you weren’t advancing any sort of position with this statement, and please don’t take this as me jumping on you, but despite what you hear in the media, throwing out frivolous lawsuits really is the rule rather than the exception. > [@](#): > > _Robb_The judge dismissed it, but the plaintiffs have 30 days to amend their complaint to fix the deficiencies the judge noted. Just to clarify for the non-lawyers among us: the judge through the case out on a 12(b)(6) motion because the complaint failed to state a claim upon which relief can be granted. It’s not the case that the plaintiff simply didn’t dot some i’s or cross some t’s. Plaintiffs can replead, but they have to state a new claim. ---
**Author:** ![Odesio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/odesio/32/20003_2.png) [@Odesio](https://boards.straightdope.com/u/Odesio)\ **Post date:** [January 22, 2003, 7:52pm UTC](https://boards.straightdope.com/t/first-of-the-mcdonalds-suits-has-been-tossed-out/150259/7 "2003-01-22T19:52:18Z")
> [@](#): > > \*Originally posted by Jadis \* > \*\*Although the general concensus appeared to be that it would be tossed, I, for one, am relieved. > > Any thoughts? I’m assuming that the second suit filed by Ceasar Barger against McDonald’s, Wendy’s, Kentucky Fried Chicken and Burger King will see the same demise. We can only hope. \*\* You don’t really think this is the end do you? It took years of court cases to finally achieve victory against the tobacco companies. In 10-20 years we might see a similar victory against food providers. Marc ---
**Author:** ![Beadalin](https://avatars.discourse-cdn.com/v4/letter/b/3be4f8/32.png) [@Beadalin](https://boards.straightdope.com/u/Beadalin)\ **Post date:** [January 22, 2003, 9:28pm UTC](https://boards.straightdope.com/t/first-of-the-mcdonalds-suits-has-been-tossed-out/150259/8 "2003-01-22T21:28:16Z")
> [@](#): > > It took years of court cases to finally achieve victory against the tobacco companies. In 10-20 years we might see a similar victory against food providers. I don’t see how, unless prosecutors are able to prove that McDonalds, et al willfully and knowingly made their products addictive. I think there’s a demonstrable difference between an addictive drug added/increased to a product known to be harmful even in moderation, and plain old’ tastiness in a product not known to be harmful in moderation. ---
**Author:** ![SuaSponte](https://avatars.discourse-cdn.com/v4/letter/s/67e7ee/32.png) [@SuaSponte](https://boards.straightdope.com/u/SuaSponte)\ **Post date:** [January 22, 2003, 9:47pm UTC](https://boards.straightdope.com/t/first-of-the-mcdonalds-suits-has-been-tossed-out/150259/9 "2003-01-22T21:47:42Z")
One thing that struck me about the decision was that the judge knew the case was in the spotlight and took the opportunity to hot-dog it. No way was a 64-page decision necessary here. Show-off. 🆒 Sua ---
**Author:** ![minty\_green](https://avatars.discourse-cdn.com/v4/letter/m/f6c823/32.png) [@minty\_green](https://boards.straightdope.com/u/minty_green)\ **Post date:** [January 22, 2003, 10:00pm UTC](https://boards.straightdope.com/t/first-of-the-mcdonalds-suits-has-been-tossed-out/150259/10 "2003-01-22T22:00:07Z")
Show-off? Nah. He’s just whoring it up for the Federal Supplement. 🙂 ---
**Author:** ![ralph124c](https://avatars.discourse-cdn.com/v4/letter/r/8797f3/32.png) [@ralph124c](https://boards.straightdope.com/u/ralph124c)\ **Post date:** [January 22, 2003, 10:21pm UTC](https://boards.straightdope.com/t/first-of-the-mcdonalds-suits-has-been-tossed-out/150259/11 "2003-01-22T22:21:11Z")
Damn! I was hoping for some fun! I thought that “Rev” Al Sharpton would eventually stick his nose into this one…that would have been worth a TON of Laughs! ---
**Author:** ![Realhoops](https://avatars.discourse-cdn.com/v4/letter/r/8dc957/32.png) [@Realhoops](https://boards.straightdope.com/u/Realhoops)\ **Post date:** [January 23, 2003, 5:59am UTC](https://boards.straightdope.com/t/first-of-the-mcdonalds-suits-has-been-tossed-out/150259/12 "2003-01-23T05:59:27Z")
> [@](#): > > \*Originally posted by minty green \* > \*\*Show-off? Nah. He’s just whoring it up for the Federal Supplement. 🙂 \*\* I know the smiley indicates that you said this in jest, but if you’ve read that opinion it’s clear that you might be closer to the truth than you even intended! The opinion is chock-full of unnecessary and “glitzy” phrases such as “McLawsuit” and “McFrankenstein” (referrring to the concoctions known as chicken mcnuggets), has a lengthy dissertation on the effects of obesity on America’s youth (largely without any reference to source material), and contains lengthy discussions of how the plaintiffs might be able to amend their complaints to get past another 12b(6) motion; much (if not almost all) of this is really unnecessary and serves only to make the opinion more fun to read. Not that there’s necessarily anything wrong with that, mind you… I liked the part of the opinion where the judge says that nobody is forced to go to McDonalds, except maybe the parents of small children lured by the food, the toys, and the playground who assail their parents until they give in and go to Ronald’s Diner for dinner! I personally don’t think this case is over and I fully expect the plaintiffs will file an amended complaint more particularly alleging some of the things this judge indicated were already “close” calls (such as the lack of common knowledge concerning the actual contents of some of the products – like the McFrankenstein Nuggets – etc.) Whether it will survive another 12b(6) motion or not is a whole 'nother question, but I doubt these people are going away anytime soon. ---
**Author:** ![superfreakicus](https://avatars.discourse-cdn.com/v4/letter/s/ee7513/32.png) [@superfreakicus](https://boards.straightdope.com/u/superfreakicus)\ **Post date:** [January 23, 2003, 7:44am UTC](https://boards.straightdope.com/t/first-of-the-mcdonalds-suits-has-been-tossed-out/150259/13 "2003-01-23T07:44:43Z")
oh, I don’t know about that. if the reports are true about how seriously mcdonald’s has damaged their health, they might be going away a lot sooner than they think. at least we can hope. ---
**Author:** ![HPL](https://avatars.discourse-cdn.com/v4/letter/h/3da27b/32.png) [@HPL](https://boards.straightdope.com/u/HPL)\ **Post date:** [January 23, 2003, 8:31am UTC](https://boards.straightdope.com/t/first-of-the-mcdonalds-suits-has-been-tossed-out/150259/14 "2003-01-23T08:31:58Z")
> [@](#): > > \*Originally posted by MGibson \* > \*\*You don’t really think this is the end do you? It took years of court cases to finally achieve victory against the tobacco companies. In 10-20 years we might see a similar victory against food providers. > > Marc \*\* Anyone else want to bet that if they do win, the first thing they will do is take their winnings and straight into the nearest McDonalds for a couple Big Macs to celebrate? ---
**Author:** ![istara](https://avatars.discourse-cdn.com/v4/letter/i/e79b87/32.png) [@istara](https://boards.straightdope.com/u/istara)\ **Post date:** [January 23, 2003, 9:05am UTC](https://boards.straightdope.com/t/first-of-the-mcdonalds-suits-has-been-tossed-out/150259/15 "2003-01-23T09:05:01Z")
The unfairness against McCrap and other in this is that do people who eat a large amount junk food buy healthy green organic stuff from the supermarket? No. Most probably, they stock up on sugary, fatty, salty snack things. (Not having a go at the average hamburger eater, but these serial McCrap stuffers). So how will you prove in 20 years time which food provider is to blame? What percentage of fat in the litigant’s liver derives from cow-fed-cow fatty offal, and what from twinkies and fried cheese sandwiches? And what about those that never go to McCrap but eat a diet solely of chips, fried food, chocolate and coke? And still end up diabetic, morbidly obese, etc - do they start suing United Biscuits? If McCrap puts full ingredient lists on their products, will that be an adequate disclaimer? Is a cake-maker dishonest for putting a healthy, smiling person on their packaging, because if all you ever ate was cake you would end up rotten-toothed, fat and scurvied? The onus of healthy eating does not lie with food companies. It lies with the individual consumer (or their parents/guardians). Foot companies - factories and restaurants - owe us hygienic products with a full ingredient list. They do not owe us 24/7 advice on the values of lettuce. ---
**Author:** ![istara](https://avatars.discourse-cdn.com/v4/letter/i/e79b87/32.png) [@istara](https://boards.straightdope.com/u/istara)\ **Post date:** [January 23, 2003, 9:06am UTC](https://boards.straightdope.com/t/first-of-the-mcdonalds-suits-has-been-tossed-out/150259/16 "2003-01-23T09:06:23Z")
That was “fooD” companies - though “fooT” companies should also ensure their product is tasty and contaminant free 😉 ---
**Author:** ![HPL](https://avatars.discourse-cdn.com/v4/letter/h/3da27b/32.png) [@HPL](https://boards.straightdope.com/u/HPL)\ **Post date:** [January 23, 2003, 10:58am UTC](https://boards.straightdope.com/t/first-of-the-mcdonalds-suits-has-been-tossed-out/150259/17 "2003-01-23T10:58:22Z")
> [@](#): > > \*Originally posted by istara \* > \*\*That was “fooD” companies - though “fooT” companies should also ensure their product is tasty and contaminant free 😉 \*\* Dr. Schols-It’s not only good for your feet, it’s part of a balanced diet. ---
**Author:** ![Threadkiller](https://avatars.discourse-cdn.com/v4/letter/t/aca169/32.png) [@Threadkiller](https://boards.straightdope.com/u/Threadkiller)\ **Post date:** [January 23, 2003, 3:59pm UTC](https://boards.straightdope.com/t/first-of-the-mcdonalds-suits-has-been-tossed-out/150259/18 "2003-01-23T15:59:16Z")
> [@](#): > > \*Originally posted by istara \* > So how will you prove in 20 years time which food provider is to blame? What percentage of fat in the litigant’s liver derives from cow-fed-cow fatty offal, and what from twinkies and fried cheese sandwiches? Excellent point! Any future court ruling needs to mandate that McDonalds, Burger King, etc. start placing “markers” in their “food” so the courts can later determine exactly where the offending flab came from. ---
**Author:** ![Robb](https://avatars.discourse-cdn.com/v4/letter/r/a183cd/32.png) [@Robb](https://boards.straightdope.com/u/Robb)\ **Post date:** [January 23, 2003, 4:03pm UTC](https://boards.straightdope.com/t/first-of-the-mcdonalds-suits-has-been-tossed-out/150259/19 "2003-01-23T16:03:44Z")
**istara** and **Threadkiller** have just given me the idea that will make me famous. I’ll sue the fast food industry for a medical monitoring class action. We know that too much fast food and too little activity makes people fat, so we’ll make the industry pay to monitor their consumers and provide medical services if they start getting too chubby. Woo hoo - headlines and legal fees forever! ---
**Author:** ![photopat](https://avatars.discourse-cdn.com/v4/letter/p/e95f7d/32.png) [@photopat](https://boards.straightdope.com/u/photopat)\ **Post date:** [January 23, 2003, 4:17pm UTC](https://boards.straightdope.com/t/first-of-the-mcdonalds-suits-has-been-tossed-out/150259/20 "2003-01-23T16:17:28Z")
> [@](#): > > \*Originally posted by TaxGuy \* > \*\*I know you weren’t advancing any sort of position with this statement, and please don’t take this as me jumping on you, but despite what you hear in the media, throwing out frivolous lawsuits really is the rule rather than the exception. B] I’m sure you’re right. It’s just that too often I’ve read about these cases being settled out of court. It’s good to actually read about one that’s been thrown out rather than just the few that aren’t.