Parents sue McD, claim its menu marketing fuels juvenile obesity

Nation's Restaurant News, Sept 23, 2002 by Bonnie Brewer Cavanagh

NEW YORK -- McDonald's Corp., already defending itself against charges that its food is unhealthful, has been served with a classaction lawsuit alleging that its menu marketing tactics unfairly target juveniles and contribute to childhood obesity.

A lawsuit against the Oak Brook, Ill.-based company, filed Sept. 4 in the Bronx Supreme Court of New York, was brought on behalf of the parents of three teenagers, each of whom weighs 200 pounds or more.

The suit was filed by New York attorney Samuel Hirsch, who in July sued McDonald's, Burger King, Wendy's and KFC on behalf of 272-pound Caesar Barber, 56, who blamed his obesity and related health problems on a fast-food habit. That suit alleged that the chains deceptively market high-fat foods to create addictions in consumers, including children and the poor.

Hirsch, who decried "fat bombs" and kids-meal enticements in an interview about his latest filing, could not be reached subsequently to confirm reports that the much-ridiculed Barber suit had been dropped.

While many operators voiced disgust with both lawsuits, they nonetheless expressed concern about the possible ramifications to their marketing plans if McDonald's were found liable in Hirsch's latest court case.

"Basically, suing McDonald's because they market to children? I mean, everyone markets to children in some way or another," observed Les Winograd, a spokesman for Milford, Conn.-based Subway restaurants. "What can we do -- outlaw televisions?"

"My take on it is, where in the world is individual responsibility going?" said Andy Divine, a professor at the School of Hotel, Restaurant and Tourism Management at the University of Denver.

"My worry is that this is going to extend to not only McDonald's but every corner of our industry," Divine said. "It's going to go beyond that. ... When are they going after Hershey? And Nestle? And Mars? Think of it: Post and Kellogg's and everybody else are using children, too. They've got all these products with all this sugar in it. Golly-gosh-darn, it's a wonder that any of us are alive!"

For its part, McDonald's vehemently denied the lawsuit's allegations.

"We feel strongly that this lawsuit has no merit," McDonald's spokesman Walt Riker said in a statement. "However, the facts about our food, our values and our commitment to nutrition leadership are far more important."

Pointing to the chain's menu variety, its 20 million daily customers and its willingness to discuss nutrition, Riker said, "The facts will demonstrate that we take a responsible approach to these issues."

"I would say that this is 'Phase Two' of the frivolous lawsuit scenario -- the saga continues," said Steven C. Anderson, president and chief executive of the National Restaurant Association. "I find it unconscionable that people will sit in ivy-covered ivory towers, devoid of reality, attempting to find ways to enrich trial lawyers with frivolous lawsuits at the expense of the hardest-working people in the country -- restaurant operators and their employees."

But Hirsch, calling the Supersized Big Mac Value Meal a "fat bomb" containing more than 1,600 calories, 63 grams of fat and 1,800 milligrams of sodium, asserted that McDonald's "manufactures, promotes and sells products that they know contain high amounts of fat, salt and cholesterol, which causes various health-related diseases."

Hirsch also accused the chain of deceptive advertising and marketing practices, saying it has been "enticing consumers with fast and inexpensive food items and encouraging an overindulgence of eating through their Supersize and Value Meal combos." He also asserted that McDonald's has "directly marketed its product to kids through toy promotions and Happy Meals. There's no doubt they target children and in socially and economically deprived areas."

Hirsch observed that "there are many situations where people who are overweight look to food for comfort .... And children are just so pliable and malleable. They're easily manipulated by the media, going for those toy programs, and their familiarity with those combinations, like the "Supersize,' is just amazing."

Although the lawsuit also seeks to require the posting of nutritional charts at McDonald's cash registers and wants individual nutrition labels placed on food packaging, Riker countered that nutritional information remains readily available in brochures at the chain's restaurants and on the company's Web site. He also pointed out that the typical American customer visits McDonald's about twice a month, and "only 5 percent of our customers choose to 'Supersize' their meals.

"It is important to note that the vast majority of nutrition professionals say that McDonald's food can be part of a healthful diet based on the sound nutrition principles of balance, variety and moderation," Riker continued. He stressed that a recent report on obesity released by the U.S. Surgeon General identified three key contributing factors: an increasing sedentary lifestyle, a steady reduction in exercise programs for school kids and a lack of moderation in eating habits.