Fast Food Litigation
Is a double cheeseburger a defective product? In July 2002, a class action suit was brought on behalf of patrons of McDonald's, Wendy's Burger King, and KFC. The suit alleged that the fast food companies negligently, recklessly, or intentionally manufactured and marketed foods that caused adverse health effects such as obesity, diabetes, heart disease, and stroke. The lead plaintiff in the case was a 56-year-old, 270-pound man, but the class was defined as those who have consumed products manufactured and sold by the defendants who have become obese or overweight; or developed diabetes, coronary heart disease, high blood pressure, elevated cholesterol levels, and/or other detrimental health effects. A federal judge in New York dismissed the case, but that has not spelled the end of suits against purveyors of fast food.
Statistics show that obesity is costing America. A report issued by the U.S. Surgeon General in 2001 found that each year obesity was responsible for 300,000 deaths and $117 billion in health care costs.
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