Obesity: sueing the giants

The lawyer representing an overweight New Yorker in a court case against four fast food chains has filed a second class action case on behalf of overweight children, reports AdAge.com.

According to the report, Samuel Hirsch, a lawyer for Caesar Barber of New York, said that he has filed the second case because "we feel the advertising strategies [of quick-service chains] target children"​. In an extraordinary move, earlier this year Barber filed a case with the Supreme Court of New York against McDonald's, Diageo's Burger King, Yum Brands' KFC and Wendy's International, blaming the chains for making him, and others, fat and raising his risk of illness related to being overweight.

AdAge.com reports that, so far, much of the case is based on scientific studies documenting an 'epidemic in domestic obesity and related illnesses'. The case charges that the fast food companies are negligently, recklessly or intentionally distributing and selling products "high in fat, salt, sugar and cholesterol content which numerous studies have shown cause obesity, diabetes, coronary heart disease, high blood pressure, strokes, elevated cholesterol intake, related cancers and/or other detrimental and adverse health affects and/or diseases"​ .

Despite the fact that many in the industry have condemned the move as sheer madness, and with observers anticipating little hope of a successful outcome for Barber and co., there are signs that the 'big fries' might be listening to increasing consumer fears over health. Only last week McDonalds announced that it is to start frying its chips in a new cooking oil that has much lower levels of harmful transfatty acids, associated with 'bad' cholesterol. A one off conciliatory move, or a step along the path to change? Only time will tell.