What do you guys think of this?



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.

I think that instead of the fast food places, he should sue whoever it was that drug him by the hand into the restaraunt and force fed him all those foods he ate. i mean obviously he is not responsible for his own actions so it must be someone else right??? I wonder if I can now sue Coca-cola, miller lt., Jack Daniels, Idaho (for those yummy potatoes), and maybe even Italy for introducing us to Pasta? and what about China for all that delicious fried rice I ordered every week?????

Don't get me started. Oops, too late.

Apparently, we no longer are responsible for our actions. Finally, brothers and sisters, we are totally. absolutely free. Free to do what we want, when we want it - regardless of any consequence - there'll always be somebody to blame and hold responsible.

It started with the tabacco issues. When I lit my very first cigarette at age 14 I was fully and totally aware of the dangers of smoking - and that was in the mid-70s, mind you. Of course I didn't set out to get hooked, just to try it - after all, I was stronger than the rest and would be able to control those things. Of course I was wrong and smoked for over 20 years (finally quit almost 2 years ago) - but it was I who chose, I who smoked, nobody made me. Are people just out for the free ride and the millions some braindead jury awards them for their own stupidity? The answer, sadly, seems to be "yes". I'd be ashamed.

I'd love to see a few more Judge Judy's who say "We do not reward stupidity and bad choices"!

I have a hard time comparing carb and food addictions to nicotene addiction (aside from the fact that they are both powerful addictions). You don't have to smoke to live. You DO have to eat to live. For how many years now have the powers that be told us that fat was bad and carbs were good?

Okay....now let's see a show of hands from those that felt tired, achey, nauseated, light-headed and generally awful the first 3-5 days of low carbing and ready to throw in the towel because anything that makes you feel that bad can't possibly be good for you and you would have cheerfully run over a little old lady for a candy bar? Many, many people give up on low carbing before the third day because they can't make it past the carb withdrawals.

Addictions are powerful things. Nobody wakes up one morning and says "Today, I will become an addict." While I absolutely maintain that we are each and every one of us are responsible for our actions, addictions can be and are often stronger than reason or self-control. Addictions can be controlled, but once you are addicted to something, you are addicted to it for life. You are never an "ex-addict", you are a recovering addict.

Personally, I don't think they have much of a basis for a lawsuit, even if they were addicted to food. Can't cook? The freezer sections of the grocery store are loaded with frozen dinners of all kinds, both high and low fat (although very few, if any, low carb ones so far). Are they going to sue Swansons next? Noone makes you do anything unless they have a gun to your head or a knife to your throat and I haven't yet seen that used as a marketing tactic for fast food. We all make our own choices about what we put in our bodies and how often we do it, even if those choices are clouded by addiction. It does , however, make me a bit crazy to see all that high sugar garbage marketed to kids who don't know better with ads that are flashy and make the product look like it's the answer to all of life's problems and that they put all kinds of junk foods in the schools were parents can't supervise what their kids are eating. Get 'em hooked while they're young and uninformed, that seems to be the motto of the makers of such products.

If high carb/low fat is every truly shown to be the cause of heart disease, diabetes and obesity instead of high fat hold onto your seats. Lawsuits will be flying for sure and THEN I think there may be a basis for it. After all...wasn't that a recommended "healthy" way to eat from all the respected health organizations around?

Gee, I've never eaten at McDonald's more than I have in the last 11 1/2 months. The same 11 1/2 months during which I dropped 5 dress sizes.

Perspectively yours (tongue planted firmly in cheek),
Nat

Nat....you crack me up!

I think he may have a point. After all, they ADVERTISE to MAKE you WANT to go eat there. So they are the ones who dragged the guy in to eat their "food".

heh

You know...all the McDonald's commericals I have watched over the past 17 months have not made me want to go eat there. Guess I have never been a huge MickeyD fan, which is probably a good thing.

I do think this "class action suit" is totally insane.

Agonycat...

I'm with you. I was never a huge french-fry fan before I started low carb, but now I see them in commercials and go "ewwwwww". It doesn't even look good anymore. On the other hand, I have been known to peel a sausage McMuffin off the bun and eat it for breakfast a time or two and I have ordered a double bacon whopper with cheese (hold the bun) while on the road. Come to think of it, doesn't nearly every major fast food chain have salad with low fat dressing on the menu (no thanks on the low fat dressing...give me the GOOD stuff!). The whole point of advertising is to make you want whatever is being marketed, but it's YOUR hand pulling out your wallet and YOUR mouth saying "supersize that, please".

This brings to mind the movie "Crazy People" with Dudley Moore - an advertising executive starts to crack up and is sent to a psychiatric hospital to recover. His brainstorm is to use something unheard of in advertising: Honesty.

"Porsche. It's a little too small to get laid IN it, but you get laid the minute you get out of it!"

"Volvos, Yes they are boxy, but they're safe"

"A Double Quarter Pounder with Cheese. Send your taste buds and cholesterol levels into orbit!"


N

If he got addicted to French fries, why doesn't he sue... the French? At any rate, I'd advise the Food industry to hire Dr. Atkins as expert witness. Ha! Ha! Ha! What fun that would be! But more seriously: could Israel Bradley sue his own mother for his stupidity?

Um no.

I love to eat at mc donalds... go there when ever i feel like it... love that chicken sandwich with out the bread... Its called free will... Im sure that man could of made different choices on what to eat... and i bet a million dollars he also eats fries at home along with bread with his home cooked burgers... so who does he sue there.. his wife for cooking it for him.. some people are so rediculus suing everyone but their own self.. He knew that burgers and fries cooked in oil contained fat and what it would do to his system... dunno just my opinion.. Sounds like someone trying to pass the buck off on someone else for his eating habbits..

Tammy

Okay guys, who do we go after for CHOCOLATE!?!?!?!?!

The Swiss!