Last Updated: 2002-11-21 13:03:29 -0400 (Reuters Health)

NEW YORK (Reuters) - McDonald's Corp., trying to kill a controversial lawsuit blaming it for youth obesity, says people know that gobbling up too many Big Macs and fries will make them fat.

During the first court hearing in the highly publicized case, a lawyer for the fast-food chain urged a federal judge Wednesday to dismiss the suit because restaurants are not legally required to tell consumers what they already know.

Although other suits have been filed over the issue, lawyers said this is the only one that is actively being litigated.

US District Judge Robert Sweet said he would decide later whether to dismiss the suit.

"The plaintiffs' lawsuit asks the court to abandon common knowledge, common sense," said Bradley Lerman, a lawyer representing McDonald's.

He said that the law does not require that restaurants warn customers of the "universally understood" fact that common foods contain fat, salt, sugar, cholesterol and other basic ingredients. Lerman said that reasonable people know what products are in hamburgers and fries and what excessive eating of those products does to one's waistline over a prolonged period.

"People don't wake up one day thin then wake up the next day and are obese," he said.

The suit, argued Lerman, does not allege that McDonald's products are defective or contaminated but instead tries to hold the company responsible for telling people something that is commonly understood. He said that McDonald's has never billed their Big Macs or fried foods as being as low in calories as a "spinach salad."

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