French Fry Ingredients News

A class action lawsuit was filed on February 17th 2006 against the McDonald's Corporation claiming that the company had misled the public by selling French fries whose ingredients included trace amounts of milk and wheat without making it known. A Florida family filed a separate lawsuit the same day with a previous lawsuit being filed just two days earlier on Wednesday in Los Angeles, CA.

McDonald's in fact, had stated that their French fries did not contain either of these French fry ingredients. At that time neither was listed on their website. A quick look at the website's current ingredients list for French fries reveals that these two ingredients are now indeed listed, albeit as "Contains derivatives of wheat and dairy".

Both of the February 17th lawsuits as well as the Wednesday lawsuit, which was filed by a woman who is vegan (vegans do not eat any animal products at all), were based on McDonald's admission several days prior that the French fries served in their restaurants do contain these two ingredients, one an animal product, milk, which contains casein and whey, the other wheat, which contains gluten. All three are proteins that many people are allergic to.

Interestingly, the admission by McDonald's was a voluntary one in response to new United States Food and Drug Administration (FDA) rules set forth for the packaged foods industry. The new regulations require that common allergens including wheat and milk, be reported on package labels. The new rules went into effect on January 1, 2006. Restaurant operators such as McDonald's are not required to report this information.

This latest class action lawsuit against McDonald's follows on the heels of a previous class action lawsuit filed in 2001 that claimed McDonald's French fries were vegetarian when they were in fact made with beef extract to flavor the French fries. Apparently the addition of wheat and milk to the French fries was for the same reason—to enhance the flavor.

While both lawsuits focus on the deliberate omission of information and subsequent violation of consumer trust in what McDonald's claims to be true, the earlier lawsuit has more to do more with religious, personal, or cultural beliefs than health concerns, which are the focus of the most recent class action lawsuit filed against McDonald's.

Health Implications
Both of the ingredients singled out in the most recent McDonald's lawsuit, milk and wheat, are common food allergens. Wheat is also a culprit in another medical condition called celiac disease.

Approximately 1% of the population in the United States has an allergic reaction to food although some studies indicate food allergies are on the rise. Allergic reactions occur when the body has an exaggerated response to certain substances in foods such as gluten in wheat for example. Far more people have what are called food reactions such as lactose intolerance and celiac disease.

Food allergies are typically caused by one of eight types of food including peanuts, shellfish, seafood, eggs, soy, tree nuts, wheat, and dairy. Allergies to wheat and dairy, the two ingredients that are the subject of the McDonald's class action lawsuit are usually outgrown by the time children reach the age of five years old. While most allergic reactions are mild ranging from a runny nose to hives or intestinal cramping and diarrhea, some can cause anaphylactic shock, a severe reaction that can be fatal.

Celiac disease is sometimes referred to as gluten intolerance and is an autoimmune disorder where proteins found in wheat and other grains such as rye and barley affect the lining of the intestines. This results in the inability for nutrients to be absorbed properly. Celiac disease can develop at any age from infants to older adults. It is estimated that between 10 and 15% of the population of the United States may have celiac disease, many without knowing they have it.

The primary symptoms are gastrointestinal in nature and include diarrhea and abdominal pain. Over time other medical conditions such as anemia, hypoglycemia, or even certain types of intestinal cancers may develop due to the body not getting enough nutrients. Unknowingly ingesting gluten for an extended period of time may eventually cause organ damage—something that can be avoided by eating a gluten-free diet.

Legal Implications
In the past several years there has been a spate of legislation regarding the food industry, especially food labeling and food ingredients such as allergens and trans fatty acids. In addition bills have been introduced in New York states regarding labeling of foods that are derived from seeds that include genetically modified organisms. In New Mexico lawmakers are deciding whether to ban all foods that contain the sweetener Aspartame.

There is also California's Proposition 65, whose purpose is to force food industry to warn the public about toxic and cancer-causing substances in food they eat, mercury in tuna or arsenic in spring water for example. In March of 2006, California Proposition 65 was in effect made obsolete, overridden by federal legislation that gives authority over food labeling to the FDA, and not to individual states. Then there is the so-called "Cheeseburger Bill" that was introduced to absolve the fast food industry of any blame in the obesity epidemic currently underway in the United States.

While most of these new or proposed laws and regulations are aimed at the food packaging industry, it appears that labeling requirements for fast food restaurants may not be far behind. A bill was introduced in Washington that is aimed at requiring fast food restaurants to include the number of calories, fat, and sodium associated with items listed in their menus.

Should McDonald's and other fast food restaurants be allowed to use any ingredients they want to make their foods more "flavorful"? Of course, but at the very least they need to come clean and not deliberately mislead the public. If this requires stricter measures regarding labeling of ingredients, then so be it. Whether this happens or not remains to be seen. Once again consumers are up against a powerful lobbying group—this time the mighty food industry. For some people however, it may be a matter of life and death.