Man sues fast food chains over his obesity

Taiwan Boy

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NY Man Sues, Claiming Fast Food Ruined His Health
Fri Jul 26, 5:43 PM ET
By Gunna Dickson

NEW YORK (Reuters) - A 5-foot-10-inch, 272-pound man has sued four major fast food chains, claiming their fare contributed to his obesity, heart disease and diabetes, his attorney said on Friday.



The class-action lawsuit, filed in the Bronx Supreme Court on July 24, is seeking undetermined compensatory damages against McDonald's, Wendy's, Kentucky Fried Chicken and Burger King on behalf of 56-year-old maintenance worker Caesar Barber and others.

The lawsuit, which estimates that millions of Americans could be included in the claim, also seeks to have the companies label individual products with fat, salt, cholesterol and other dietary content as well as to warn users of the health effects.

New York attorney Samuel Hirsch, who is representing Barber, said consumers are not getting adequate warning about foods that could cause obesity, diabetes, heart disease, high blood pressure and elevated cholesterol levels.

"Fast food chains failed to disclose the contents in terms of calories, fat grams and sodium. Even when posted, the information is not easily understandable to the public," said Hirsch.

A National Restaurant Association executive said the lawsuit "gives frivolous a bad name."

"This lawsuit, which solely makes restaurants responsible for obesity in America, swallows a simplistic notion," said Steven Anderson, president and CEO of the Washington-based association. "It is a blatant attempt to capitalize on the recent news stories on the growing rates of obesity."

LABELS FOR ROCKET SCIENTISTS?

Barber told MSNBC he didn't realize fried food was bad for him until three years ago, and that he had been eating fast food for decades because it was convenient.

"I didn't find out how bad it was until 1999," he said. "I ate a lot because I was by myself."

Hirsch, who accompanied his client on the MSNBC show, said they particularly wanted better labeling for the "real offenders--the Big Macs and Big Whoppers." Now, he said "you have to be a rocket scientist" to be able to read labels that he said were deliberately designed to be confusing.

McDonald's spokesman Walt Riker called the claims "ridiculous," saying: "Our menu features choice and variety with lots of options for consumers."

In Miami, a spokesman for Burger King, which was bought by Texas Pacific group on Thursday, declined to comment as the matter is under litigation, but referred calls to the National Restaurant Association.

"There are 858,000 restaurants and food service outlets in the country serving a variety of food that will meet anyone's specific dietary needs," said the association's Anderson. "The nutritional information usually appears on a chart at the right of the counter and is as easily understood as any nutrition label you would see at the retail store."

"The important thing to remember is that there is a certain amount of personal responsibility we all have... the issues of obesity and nutrition are much more complicated than this and involves factors such as genetics, medical conditions and the level of physical activity," Anderson added.
 

TJBELL

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Him and his lawyer was on MSNBC yesterday. 2 damn losers!!! he said he didn't know and wasn't "trained" that the shit he was eating was FUNKEN FATNING!!!!!!!!!!!!!!!!!!!! duh!!!!!!!!!

And his lawyer was a piece of work. Arogant and rude!!!!!!

hate both of them after watching that show!!!! :thefinger :firing:
 

Terryray

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you've heard what's next?

you've heard what's next?

Bush took on trial lawyers yesterday, proposing a cap on medical malpractice and lambasting these legal shakedowns.

and he did it in Gov Edward's state, the Gov who is running for Pres and made millions as a trial lawyer.

but of course Pres doesn't feel real strong about it, just trying to score political points before an election...

any tort reform bill is guaranteed to die in Senate with Dems in control.




Thursday, June 06, 2002
Copyright ? Las Vegas Review-Journal

Organization: Casinos could be sued

Leader says gaming could see lawsuits similar to what cigarette companies have faced

By DAVE BERNS
GAMING WIRE



The casino industry could face the sort of multibillion-dollar lawsuits that have damaged cigarette, alcohol and gun manufacturers if gaming executives fail to alter their business practices, said a leader of the tobacco litigation push.

Common Cause President and Chief Executive Officer Scott Harshbarger said Wednesday the litigation will come as an increasing number of Americans face lives destroyed by legalized gambling.

The Capitol Hill lobbyist wants the federal government to regulate the casino industry -- a stance that opposes the industry's support for today's practice of state-regulated gambling.

"The evil empire here are the states and the casino industry banding together because they have almost become addicted to the revenues," Harshbarger said.

As Massachusetts attorney general from 1990-98, he was one of the first attorneys general in the country to sue tobacco interests.

"It's going to lead to a major health crisis," Harshbarger said of gambling's spread. "It's going to take every family to have a victim of gambling."

Last month, a judge allowed a class-action lawsuit in Quebec to move ahead against Loto-Quebec, with as many as 125,000 plaintiffs seeking more than $625 million in damages after claiming they are addicted to video lottery terminals. No similar suits have been filed in the United States.

Surveys in recent years estimate that 1 percent to 6 percent of the U.S. population suffers from gambling problems.

"If the industry or the people doing this are not taking steps that are reasonable, they may well face the same problem that the tobacco and alcohol industries faced," Harshbarger noted.

MGM Mirage Senior Vice President Alan Feldman, who lobbies members of Congress on gaming issues, questioned the motives of the leader of the nonprofit, nonpartisan group.

"Mr. Harshbarger is very clearly aligned with his fellow lawyers in the trial lawyers association who have openly targeted the gambling industry because they think there is money to be made there," Feldman said. "But in the case of our product, when properly used, the overwhelming percentage of people who use it, probably in excess of 97 percent, suffer no consequences, probably enjoy it and have a good time."

The 60-year-old Harshbarger is a Democrat who lost a close 1998 race for governor in his home state, where he opposed the spread of legalized gambling. He has led the 200,000-member Common Cause since 1999, directing the organization's push for campaign finance reform.

The Harvard law graduate argues that the spread of campaign contributions to members of Congress and state and local officials, has fostered a closed political process that has helped legalized gambling spread to all but two states since 1990 -- whether or not people actually want it in their communities.

"Most of the time the people pushing it are significant lobbyists who made significant campaign contributions," he said.

Harshbarger points to Las Vegas-based Harrah's Entertainment as an example of a company that has pushed initiatives to combat the spread of problem gambling.

The casino operator with 25 properties in 13 states has a 2-year-old "code of commitment" that states its support for responsible gambling. The code was adopted at the urging of Harrah's Senior Vice President Jan Jones, a former Las Vegas mayor.

The code, in part, reads: "Our long-standing position has been that if a customer plays at a Harrah's casino ... for any reason other than the fun of it, that customer is playing for the wrong reason. The advertising and marketing of our casinos must be sensitive to these issues and also be truthful and reflect generally accepted standards of good taste.

"In furtherance of these interests and in recognition of Harrah's strong opposition to irresponsible or inappropriate gambling, Harrah's has adopted this code for its marketing and advertising."

The company recently ran a trio of TV ads in Missouri in which two frontline employees and Harrah's Chairman Phil Satre extolled the virtues of responsible gambling.

A Harrah's-financed marketing survey found that the commercial enhanced the company's Missouri reputation by 22 percent, probably leading to similar commercials in other states.

"As in politics, if you don't define yourself you will be defined by your enemies," Jones said. "What the gaming industry has to realize is they have a very positive story to tell."

Last month, Massachusetts legislators rejected a proposal to expand legalized gambling within their state despite a lobbying effort by an Indian tribe and racetrack owners.

Proponents of the plan argued that it would generate jobs and hundreds of millions of dollars that would help close an estimated $2 billion budget deficit the state faces next year, but opponents feared the social ills caused by gambling.

In nearby Maine, residents of the small town of York rejected a nonbinding referendum last month that would have supported the legalization of casino gambling.

Similar defeats for casino interests elsewhere in the country over the past year, and the antigambling comments of such high-profile figures as Harshbarger have led the Rev. Tom Grey to gloat about the antigambling push.

"We've held the high ground, and we're starting to have people move up there with us," said Grey, a Vietnam War veteran who is executive director of the National Coalition Against Legalized Gambling.

In recent weeks there has been talk of a joint Common Cause-Association of Trial Lawyers of America campaign to influence potential jury pools in tobacco-style lawsuits against casino companies.

Carlton Carl, spokesman for the 60,000-member trial lawyers association, said talk of a pending media campaign was "absolutely untrue."

Meanwhile, Harrah's Jones warns that Harshbarger's comments should not be ignored.

"Whether it is a fair or unfair characterization, the industry needs to pay attention," she said. "The enemies are at the gate, and (gaming executives) better start speaking with one loud, consistent voice."

Nevada participated in the litigation against the tobacco industry. In May 1997, it was the 30th state to file a lawsuit against tobacco manufacturers. The state's lawsuit accused the tobacco companies of conspiring to conceal their manipulation of nicotine levels in tobacco products.

Later that same year, Nevada Attorney General Frankie Sue Del Papa signed on to an agreement with the tobacco industry that would bring at least $1.2 billion to the state during the next 27 years. Nevada followed the lead of 29 other states that had accepted a $206 billion deal.

Nevada's share of the settlement provided seed money for the Millennium Scholarship program.


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Dragon

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What next???

What next???

People disgust me. This fat prick will go on and win his case or the fast food chains will just settle with him...whatever. You know this corpulent bastard will be right back at Wendy's telling them to Biggie size his triple bacon cheeseburger. If he kept his fat mouth shut, he wouldn't be obese, unhealthy, and so damn pissed off at the world for being a meatball.
 

Chanman

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What with lawsuits over spilled coffee, cheeseburgers, biggie sodas, etc., I guess the next step is to shut down the fast food franchises, fire the teenage staff, (so they have even less opportunities available- maybe make $ on dealing drugs), and put up liquor stores.:mad:
 

VaNurse

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Be careful Taiwan Boy.... Eddie Haskell will climb back out from under his rock and will accuse you of slamming "greedy lawyers" as he did in response to my recent post deriding ridiculous lawsuits! :p
 

AR182

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Another example of someone blaming others for their actions.I guess it is out of the question for this guy to order a salad once in awhile.
 

Neemer

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Very similiar to the people that cancer from smoking suing the tobacco companies. Keep in mind that quite a few of these plaintiffs won HUGE amounts of money from themselves and their lawyers. Downside is the fact that they didn't have very long to spend it
 

yyz

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Hey..........I don't need a warning lable on my Plymouth to tell me not to slam my dick in the door.
 

buddy

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yyz,

I once worked with a guy who got his johnson slammed in a car door.

He said the pain was excruciating, but the worst part was re-adjusting his aim when he had to take a leak 'cause his johnson is now in the shape of an allen wrench.
 

Palmetto Pimp

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Alright guys...whos gonna help me? Im planning to sue Miller Brewing Company. It is the beer companys fault that Im a drunk!!! Whos with me? Class action suit. ;) :toast:
 

loophole

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the fast food claim is about as frivolous as lawsuits get, and has no future in the court system. trust me that the fast food chains will not settle this claim as to do so would be like announcing that they were giving away free money to anyone that asks. but realizing that lawyers take a lot of bashing for matters that aren't quite as perceived, i thought i might interject some clarification on a couple of well known litigations that i think are misperceived.


as to the tobacco lawsuits, understand that the premise behind the majority of these lawsuits is based upon two indisputable facts:

1. as a resulf of their own research, the tobacco companies knew for decades before the general public that tobacco was a carcinogen and not only failed to disclose the fact but pursued a media disinformation campaign to discredit the allegation.

2. at the same time, they developed a process to inject additional nicotine into the tobacco they used in their cigarettes in order to increase the addition rate of smokers and thereby sell more cigarettes.


when you think about it, the contemporaneous pursuit of both of these strategies is insideous, but maybe my feelings are influenced by the fact my father died of emphysema.



as to the infamous mcdonalds "spilled coffee" case, very few people are aware of all the facts involved. in that case, mcdonalds for years followed a practice of superheating their coffee many degrees hotter than other fast food chains. they continued the practice even after receiving actual notice of several hundred customers receiving very serious burns from spillage. the elderly lady in question was passed a cup of coffee in a drive through and, when taking it, the cup slipped from her hand and spilled between her legs causing second and third degree burns over about 30% of her body as i recall. she was hospitalized for several months and underwent skin grafts. i believe the damages awarded were based upon mcdonalds' coffee profits fromr one day's sales.



believe it or not, there are not too many courthouses in the country where they are passing out money for nothing.
 
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Night Owl

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How the hell is it even POSSIBLE to not know you could gain a lot of weight or end up with other health-related problems from eating at fast food chains? Damn, people really are getting dumber by the day aren't they?

This dumb phuck will probably end up winning his pathetic little case hands down and billions of dollars will be forked over to him. But I'm still holding out hope he'll be called an embarrassing, fat, disgraceful, retarded loser and ordered to clean the toilets of all establishments in question with his tongue for the rest of his life! :eek:

Night Owl
 
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