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.

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Remember folks, you aren't responsible for your actions, and the best policy is always to blame others for your ills. This is especially important if you are so under educated by the lefty run public schools that you think eating Big Macs every day is healthy for you.

-- Uncle Deedah (unkeeD@yahoo.com), July 28, 2002

Answers

Any bozo can file a lawsuit for pretty much any reason. A good reason is strictly optional.

I'd bet a bucket of doughnuts that "New York attorney Samuel Hirsch, who is representing Barber" calculated that, even though he's almost certain to lose the case, the publicity alone is worth a gold mine. His client (unnamed here) is just a convenient foil.

If that is his calculation, I'd say he's right on track. He's already appeared on MSNBC and had his gazillion interviews with bored news hounds. It's summer. It's silly season. He timed it right.

If lightening strikes and he wins, then the case is worth hundreds of millions to him. Either way, he's a winner.

-- Little Nipper (canis@minor.net), July 28, 2002.

The Trial Lawyers of America thank you for your support. Please contribute to the DNC.

-- (Mako, Mako and Bako @ Law.Offices), July 28, 2002.

My son was recently bitten in the face by a dog. After a prescription of augmentin, he was completely fine, but has a puncture scar on his cheek that I told him "the chicks will dig". ;o) Anyway, I was saddened that most of my acquaintances and friends encouraged me to sue the dogs owner. I mean, this was the first thing out of their mouths. It's a bad sign... *sigh*

-- (everyone@sue.happy), July 28, 2002.

A similar thing happened to my son and everyone told me to sue. I guess this is the closest thing to lawyer welfare. After all they need to find work after graduation, just like everyone else.

This case is too funny! Nothing like shouting on TV, "I'm so stupid, I didn't know the health implications of fast food. But I'm goina try to make some money off my stupidity. Let's see if I can spill some coffee on myself."

-- Maria (anon@ymous.com), July 30, 2002.

Let's hope for a summary judgement (where the judge decides the case is so lacking in merit that it should not proceed).

-- Peter Errington (petere7@starpower.net), July 30, 2002.

Fines should be administered for frivolous lawsuits...

Growlin' at the idiot...

The Dog

-- The Dog (dogdesert@hotmail.com), July 30, 2002.

everyone@sue.happy,

Sorry to hear about your son, and glad he is OK. In a case like that you are justified in seeking to have the dog's owner compensate you for your medical expenses. And you are right, most chicks dig a cool scar, just so long as it isn't a scar from where your penis used to be, heehee.

-- Uncle Deedah (unkeeD@yahoo.com), July 30, 2002.

Unk, thanks for your sympathies.

Actually, the only expense I had incurred was a $15 copay. He doesn't need surgery, and still loves dogs, so I don't think he was traumatized.

I'll bet the dog's owner was scared as heck at the prospect of what he could lose, but I am not an opportunist. I don't think people should be afraid to give good homes to animals. Lord knows, there are so many homeless animals that need them. And it's already hard enough to keep them.

-- (everyone@sue.happy), July 31, 2002.