There has been a great deal of talk and media attention focused on food lawsuits relating to fast food, food prepared in restaurants, fatty foods and soft drinks in recent years. As childhood obesity has spiked, so has the country’s concern about the giant soft drink and fast food industries that consistently market to children, target schools and create a culture of fat. Additionally, those who suffer from major food allergies have been lobbying for more disclosure as to the ingredients in food so they can be better protected.
There is some debate as to the legal validity of some food lawsuits against fast food corporations and soft drink companies. For instance, recent lawsuits against all of the fast food corporations based on a failure to warn leading to obesity in patrons smack of frivolity because there is no real factual basis behind them. Basically, it is a well known fact that fast food is fatty and salty, so it will be difficult to win a fast food lawsuit based on the product liability tenant of failure to warn in this case.
On the other hand, a beverage class action lawsuit was just filed in Massachusetts based on the fact that selling carbonated and sugary soda in schools is a violation of consumer protection laws is gaining more support. Essentially, by securing special “pouring contracts” with schools, the soft drink companies have paid to market to a captive audience, namely kids who have to be at the school for 6-8 hours per day. The lawsuit, being brought by two of the most successful tobacco litigators, will expand beyond Massachusetts in the coming months.
A third and yet different instance of a beverage and fast food lawsuit is the recent number of lawsuits over the McDonald’s French fry ingredients from people who suffer from celiac disease. Consumers allege that when McDonald’s recently identified that there was milk and wheat in their French fries that they had failed to warn consumers fast enough and opened consumers up to injury.
Like all product liability lawsuits, fast food lawsuits need to adhere to product liability guidelines, namely that there is an inherent design flaw, a manufacturing or production flaw or a substantial failure to warn with a claim of fraud to back it up. If a plaintiff can’t prove that there was a food or beverage defect based on these tenants, they will have a hard time wining a case and in getting any sort of compensation.
Interestingly, many people believe the lawsuits are merely being filed to encourage the legislature to take action. For instance, there is legislation pending in Massachusetts that would ban fast food and sugary soft drinks from being sold in schools. Like big tobacco, it’s thought that these “nuisance” lawsuits are being filed to make a point, rather than to actually collect damages or win. In many cases, fast food litigator lawyers will consider their case successful if they can secure media attention on a societal problem.
Still, many people have been a victim of a food or beverage product by mislabeling and production flaws. If you have been injured by a food product or a beverage product, you should consult a product liability attorney to assess if you have a case.