But wait a minute. The suit was not exactly thrown out, just tossed back to the wolves.
The mainstream media, talk radio and television anchors have been quick to note that the case is over but, alas, such is not the (ahem) case. While the judge did dismiss the suit, he also was kind enough to offer advice to help get the case back in court. The problem was not that the lawsuit was the very definition of frivolous. The problem was that the lawyers failed to cite the correct arguments. However, the judge was quite helpful in explaining the shortcomings of the suit and offered a number of suggestions. Why do I suspect the consumer's lawyer will gladly take that free advice?
This case, or one similar to it, will make its way back into court, and McDonald's (or Burger King, Wendy's or perhaps a food manufacturer in the future) will send a battalion of lawyers once more unto the breach. As consumers—and their lawyers—would have it, these major companies must be blamed for the alarming, health-risking obesity of the consumer.
I have to ask if the lawsuit goes far enough. After all, isn't obesity related to a lack of exercise? What device hampers our ability to exercise the most? The automobile, of course. Why, if it weren't for the car, I'd have to walk everywhere, but with such a convenient means of transportation available, how can I be expected not to use it? Besides, the car is so helpful for fast-food drive-throughs. I can drive up, place an order for a conveniently fat-filled snack that I cannot resist and pull over in the parking lot to eat, never having to leave the car. Why, the car even has a cup-holder perfectly sized for that giant chocolate shake. That's almost entrapment!
Quick, somebody get a
lawyer on the phone.
Internet Information
For more information on this issue's articles, see the Internet sites provided below.Sweet Indulgence
www.haagen-dazs.com — Haagen-Dazs
www.starbucks.com — Starbucks
Bar None
www.clifbar.com — Clif Bar Inc.
www.littledebbie.com — Little Debbie
www.metrx.com — MetRx
World Issues and
Product Development
www.NutraSolutions.com —
Functional food news
www.ldigroup.com — L. Israelsen's
website
www.npicenter.com/regulatory.asp
— Natural Products Industry regulatory page
Flavoring Organics
www.ams.usda.gov/nop — USDA website
detailing regulations on ingredients for organic products
Quality Assurance
International
www.qai-inc.com/wholefoods.com/company/
pr_organicsurvey.pdf — Whole Foods Market-Survey 10/17/02
www.omri.org — Organic Materials Review
Institute
Buying Into Breadcrumbs
www.PreparedFoods.com/archives/2002/2002_9/0902coats.htm—
Tips on getting coatings to adhere
www.poultryscience.org/psa/toc/papers/00/ps001356.pdf
— Technical paper on
adhesion of rice-based batters
A Grain's a Terrible
Thing to Waste
www.foodforlife.com/faq.asp —
Advantages of sprouted grain
www.niddk.nih.gov/health/digest/pubs/celiac/index.htm#7
— NIH statistics on celiac disease
Going to California
www.PreparedFoods.com/archives/2000/2000_03/0003pizza.htm
— Article on pizzas
www.wolfgangpuck.com — Wolfgang Puck