Taco Bell Suit Reminiscent of Major McDonald's Manglings

Jan. 26, 2011 - PRLog -- The class action law suit charging Taco Bell with false advertising regarding its beef is reminiscent of an early suit against McDonald's over its beef claims which McDonald's originally derided as "frivolous," but which it was forced to pay $12.5 million to settle, and which helped lead to the movie "Super Size Me," the end to super sizing at McDonald's, the reformulation of its Chicken McNuggets, and eventually to the national labeling of calories on menu boards, public interest law professor John Banzhaf reminds those who make fun of the Taco Bell litigation.

A second class action law suit against McDonald's over its claims regarding transfat, originally ridiculed, forced the fast food giant to pay $8 million to avoid a trial, and a third fat law suit over McDonand's false advertising claims has been upheld by five different judges and is moving ahead towards trial, notes Banzhaf, whose law students put together the first McDonald's law suit, who both inspired and appeared in "Super Size Me," and who advised on the third McDonald's legal action.

"All in all, there have been at least ten successful fat law suits which have forced many major food corporations - including McDonalds, KFC, Coca Cola, Kellogg, Pepsi, and Kraft - to make changes in their foods or food advertising," says Banzhaf, who helped start the movement of using litigation as a weapon against the problem of obesity which Fortune magazine predicted will make "food the next tobacco."

"Regardless of how good they may allegedly taste and/or how inexpensive they can be sold to help feed hungry Americans during a recession, beef taco advertising and promotion should be up front with customers, and tell them what they are ordering is a far cry from "ground beef."

In the ongoing law suit against McDonald's for contributing to the obesity of minors, a federal judge suggested the same regarding Chicken McNuggets.  He called the product a "McFrankenstein Creation" because they contained many ingredients customers may not suspect would be found in the dish, and those arguably provide the basis for a class action law suit by consumers.

"Fast food companies, because they provide such a large portion of America's diet, and because they appear to have played such a large role in the current epidemic of obesity, should be held to a high standard of truth in advertising," suggest Prof. Banzhaf.

PROFESSOR JOHN F. BANZHAF III
Professor of Public Interest Law
George Washington University Law School
FAMRI Dr. William Cahan Distinguished Professor,
FELLOW, World Technology Network
2000 H Street, NW, Suite S402
Washington, DC 20052, USA
(202) 994-7229 // (703) 527-8418
http://banzhaf.net/