17 February 2005

Law Now

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Obesity Litigation

The latest in the round of litigious battles between anti-obesity campaigners and the fast food industry both occur in the US and both concern McDonald's. McDonald's is being targeted by legal activists who claim it has not informed consumers appropriately on the content of food in its restaurants.

Pelmans -v- McDonald's Obesity litigation re-started

McDonald's is again facing the threat of obesity-related litigation after a US Appeal court ruled in January 2005 that part of a dismissed lawsuit pertaining to deceptive advertising could be reinstated.

Trans Fat Litigation Settled

McDonald's has agreed to settle a lawsuit accusing the fast-food giant of failing to inform consumers of delays in a plan to reduce fat in the cooking oil used for its french fries and other foods at a cost of $8.5 million.

BanTransFats.com, a nonprofit advocacy group, sued McDonald's in California state court in 2003, alleging the company did not effectively disclose to the public that it had not switched to a healthier cooking oil.

In the UK whilst there has been no high profile litigation there has been increased consumer pressure and awareness. The issue of obesity in the UK has become one predominantly protecting brand reputation in seeking to limit any future legislation in this area through self-regulation.

The level of media attention given to the above US actions highlight concerns over the relationship between the general level of consumer knowledge in relation to the specific properties of a product and the respective labelling obligations on the manufacturer for that product. There is clearly a risk in relation to brand reputation where products' "healthy" qualities are marketed, or excessive consumption encouraged, where the products have corresponding high levels of another ingredient that should not be consumed to excess.

For further information please click on, or copy and paste the following link: http://www.law-now.com/CS2000/internet/EN/co50law-now/co55archive/2005/newfoodlit.htm?section=email

For further information please contact Mark Tyler on +44 (0) 20 7367 2568 or at mark.tyler@cmck.com or Jessica Burt on +44 (0) 20 7367 3589 or at jessica.burt@cmck.com.  

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