Fat Suit Reinstated

Appeals court reinstates part of lawsuit blaming McDonald's for making people fat

An federal appeals court has revived a portion of a class-action lawsuit blaming McDonald's for making people fat. The court reinstated claims pertaining to deceptive advertising. A three-judge appeals panel said a lower court judge erred when he dismissed parts of the lawsuit brought on behalf of two New York children. The judge dismissed the lawsuit in 2003 because he said it failed to link the children's alleged health problems directly to McDonald's products. But the appeals judges now say New York's general business law requires a plaintiff to show only that deceptive advertising was misleading -- and that the plaintiff was injured as a result. The panel upheld other parts of the dismissal. McDonald's has issued a statement saying "common sense tells you this particular case makes no sense." The statement also said the case is without merit and will be eventually dismissed.