Obesity case against McDonald's fails for the second time

NEW YORK - An obesity suit brought by two teenagers against McDonald's has been thrown out of court for the second time in a move that the fast food company says is a victory for common sense.

The move will reassure fast food companies and confectioners, who had feared a wave of lawsuits similar to those that have dogged the tobacco industry, with the judge on the case saying that the plaintiffs could not file another suit.

The case was brought by two teenagers from New York, Ashley Pelman, who weights 170lb, and Jazlyn Bradley, who is 270lb. They blamed their obesity on McDonald's advertising, saying it was deceptive and that the restaurant had failed to provide nutritional information at all of its stores.

Judge Robert Sweet said that the plaintiffs had not provided enough evidence.

"The plaintiffs have made no explicit allegations that they witnessed any particular deceptive advertisement and they have not provided McDonald's with enough information to determine whether its products are the cause of the alleged injuries," he said.

In the suits they filed, the teenagers both said that they had collected the prizes given away by McDonald's in in-store promotions and one, Bradley, had said that she watched the company's advertising to find out when there were specials on or different prizes available.

McDonald's, which had earlier described the lawsuit as unfair, welcomed the decision. In a statement, Lisa Howard, a spokesperson for McDonald's Corporation, said: "We at McDonald's are extremely pleased with this ruling. It is a total victory for common sense. The court has closed the books once and for all on this meritless case.

"As we've said all along, our menu can absolutely be part of a healthy balanced lifestyle."

If you have an opinion on this or any other issue raised on Brand Republic, join the debate in the Forum here.

You have

[DAYS_LEFT] Days left

of your free trial

Subscribe now

Become a member of Campaign from just £51 a quarter

Get the very latest news and insight from Campaign with unrestricted access to campaignlive.co.uk ,plus get exclusive discounts to Campaign events

Become a member

Looking for a new job?

Get the latest creative jobs in advertising, media, marketing and digital delivered directly to your inbox each day.

Create an Alert Now