As you may have already heard, the Second Circuit has reversed in part the trial court’s dismissal of the McDonald’s case, in which parents sued McDonald’s, “alleging that the combined effect of McDonald’s various promotional representations during this period was to create the false impression that its food products were nutritionally beneficial and part of a healthy lifestyle if consumed daily.”
Although the decision may have been an “appellate victory” for the plaintiffs, the reversal was based on a technicality, and there appears to be no indication that the lawsuit will have any further success. Of course, the case, coupled with the documentary Super Size Me, have already prompted McDonald’s to respond by removing the “super size” option from the menu. Therefore, those of us who lost our liberty to contract with McDonald’s for larger portions are the real losers.
Nod to Houston’s Clear Thinkers.