Friday, January 24, 2003
Speaking of McDonalds: A couple of days ago, Judge Sweet issued his opinion granting McDonalds' Motion to Dimiss the class action suit by those people to stupid to know that eating Big Macs and french fries 24/7 "might" make you fat. Incidentally, and as Judge Sweet admits in his opinion, he is the first and only judge to have thus far come out of the closet and say that drugs should not be criminalized. He argues that we should treat all drugs like we treat alcohol: caveat emptor. Anyway, that philospohy carries the day in his opinion. He recognizes that due to federal law, McDonalds has to tell you the "nutritional" content of its food via those little black and white labels that are on everything we eat. Accordingly, there can be no fraud or misrepresentation no matter what its ads might try to make you believe. He did leave a window of opportunity however. To the extent the food isn't what it purports to be (i.e. a "milkshake" lacks milk and isn't shaken - instead being comprised of about 15 chemicals), and that somehow causes a harm, then there may be a cause of action. All the judge said was that he was letting the plaintiffs take one more chance at pleading their case. However, this tiny window will be far too small for these fatsos to crawl through.