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tobbacco was first, now it's fast food. 
Obese kids sue McDonalds
From correspondents in New York
November 22, 2002
A LAWSUIT filed against McDonalds on behalf of eight obese New York children is threatening to unleash a wave of class actions similar to those that have won huge pay-outs from the tobacco industry.
The suit brought by lawyer Samuel Hirsch is being heard in a Manhattan federal court - the first time such a case has appeared before a US judge.
The suit charges McDonalds with responsibility for the obesity of the eight plaintiffs, saying the fast food giant did not provide the necessary warnings on health risks associated with its meals.
Lawyers acting for the hamburger chain filed a motion for dismissal, arguing that the issue was one of individual choice and, therefore, there was no case to answer.
"Every responsible person understands what is in products such as hamburgers and fries, as well as the consequences to one's waistline," the motion said.
Hirsch, however, argued that aggressive advertising campaigns encouraged childhood gluttony and compromised individual choice among young, impressionable consumers.
Judge Robert Sweet said he had taken the dismissal motion under consideration.
"My role is to decide whether there is actually a case to answer and whether or not I have jurisdiction," Sweet said.
The plaintiffs include Gregory Rhymes, a 15-year-old high school student, who weighs close to 180kg.
In papers filed before Judge Sweet, Rhymes's mother said she had "always believed McDonalds was healthy for my son".
The progress of the lawsuit will be closely watched by the fast food industry, which fears it could follow the tobacco sector in becoming the target of huge compensation claims from health-related lawsuits.
Hirsch has already made it clear that if his suit goes to trial, he would seek to turn it into a class action on behalf of all New York children under the age of 18 who claim health problems from eating at McDonalds.
The National Restaurant Association has dismissed such lawsuits as frivolous and a blatant attempt to capitalise on the recent publicity given to growing rates of obesity in the United States.
According to a study released last month, more than 30 per cent of Americans are clinically obese and that figure is increasing.
Government statistics suggest around 300,000 deaths a year in the United States can be linked to obesity.
Obese kids sue McDonalds
From correspondents in New York
November 22, 2002
A LAWSUIT filed against McDonalds on behalf of eight obese New York children is threatening to unleash a wave of class actions similar to those that have won huge pay-outs from the tobacco industry.
The suit brought by lawyer Samuel Hirsch is being heard in a Manhattan federal court - the first time such a case has appeared before a US judge.
The suit charges McDonalds with responsibility for the obesity of the eight plaintiffs, saying the fast food giant did not provide the necessary warnings on health risks associated with its meals.
Lawyers acting for the hamburger chain filed a motion for dismissal, arguing that the issue was one of individual choice and, therefore, there was no case to answer.
"Every responsible person understands what is in products such as hamburgers and fries, as well as the consequences to one's waistline," the motion said.
Hirsch, however, argued that aggressive advertising campaigns encouraged childhood gluttony and compromised individual choice among young, impressionable consumers.
Judge Robert Sweet said he had taken the dismissal motion under consideration.
"My role is to decide whether there is actually a case to answer and whether or not I have jurisdiction," Sweet said.
The plaintiffs include Gregory Rhymes, a 15-year-old high school student, who weighs close to 180kg.
In papers filed before Judge Sweet, Rhymes's mother said she had "always believed McDonalds was healthy for my son".
The progress of the lawsuit will be closely watched by the fast food industry, which fears it could follow the tobacco sector in becoming the target of huge compensation claims from health-related lawsuits.
Hirsch has already made it clear that if his suit goes to trial, he would seek to turn it into a class action on behalf of all New York children under the age of 18 who claim health problems from eating at McDonalds.
The National Restaurant Association has dismissed such lawsuits as frivolous and a blatant attempt to capitalise on the recent publicity given to growing rates of obesity in the United States.
According to a study released last month, more than 30 per cent of Americans are clinically obese and that figure is increasing.
Government statistics suggest around 300,000 deaths a year in the United States can be linked to obesity.
they could review their progress in court
