No popular authors found.
Ads by Google:

Categories

No categories found.


Get Celiac.com's E-Newsletter





Ads by Google:


Follow / Share


  FOLLOW US:
Twitter Facebook Google Plus Pinterest RSS Podcast Email  Get Email Alerts
SHARE:

Popular Articles

No popular articles found.
Celiac.com Sponsors:

Judges Dismisses Key Parts of Gluten-free Lawsuit against McDonald's French Fries

Celiac.com 06/08/2007 - On May 30th, federal judge Elaine E. Bucklo dismissed key parts of a lawsuit against McDonalds regarding the gluten-free status of their famous French fries.

The case, In Re McDonalds French Fries Litigation (MDL-1784), was brought in February 2006, by two Florida plaintiffs on behalf of their autistic daughter who allegedly suffered ill effects from eating McDonalds French fries. At the time, the company claimed that the French fries were gluten-free.

The lawsuit claimed in part that McDonalds "failure to disclose the fact that their French fries contained gluten constitutes deceptive, unfair, unconscionable, misleading and fraudulent trade practices," and that "McDonalds unfairly and unjustly profited from their conduct. The judge dismissed claims of fraud, breach of implied warranty, and a request for injunctive relief, but left intact two counts, breach of express warranty and unjust enrichment.

In its arguments for dismissal, McDonalds claimed that most of the plaintiffs legal causes of action were barred as a matter of law. Basically, McDonalds asserted that the plaintiffs pled themselves out of court by arguing facts that undermined their own claim.

Ads by Google:

The plaintiffs fraud allegations were rejected because they failed to meet the specificity required under the federal rules. McDonalds argued that the plaintiffs claim of fraud and misrepresentation failed to state how, when, or where the alleged misrepresentations took place. Federal Rule 9(b) of Civil Procedure requires that all claims of fraud be stated with particularity; otherwise, they face dismissal.

Judge Bucklo rejected the plaintiffs claim for injunctive relief because she found there was no threat of future wrongful conduct. The company revised its web site in 2006 to show that its fries and hash browns contain gluten. Also, the publicity brought by the suit arguably eliminated any need for injunctive relief.

The plaintiffs have 28 days to amend their complaint or the lawsuit will go forward based on the two remaining counts.

health writer who lives in San Francisco and is a frequent author of articles for Celiac.com.

Celiac.com welcomes your comments below (registration is NOT required).












Related Articles



Comments




Rate this article and leave a comment:
Rating: * Poor Excellent
Your Name *: Email (private) *:




In Celiac.com's Forum Now:


Update: I have been taking Chanca Piedra (specifically, Royal Break-Stone, by Whole World Botanicals) on an empty stomach in the morning for the liver-gall bladder and surprisingly my lips are almost normal. I know the peeling lips may be caused by different issues but I hope this info helps some...

Hi Cristiana, I'm so sorry that you are still not feeling well. When do you go back to your Dr? I wish I could help more, but it's so hard to know what was what when I was on the PPI. I was diagnosed with celiac and h. Pylori on the same day so I was already feeling awful. Then I was...

@scorpio it has now been almost 2 years and I am curious if you ever found something that worked for you. My boyfriend suffers from EC as well and I am desperate to find a resolution for his sake. He's been dealing with it for over a year now and it is taking a toll on his work and social life. ...

I am going through the diagnosis stage as well. My family has strong history for celiac disease, and while I always had discomfort and other symptoms ( some of which i didnt know about) I wasn't tested until recently because I was DEATHLY afraid of needles. The results are highly positive but I a...

Hi Everyone! Thank you for all your responses! This site is so helpful and I appreciate everyone who replied to my post. I was able to get an earlier appt with Maureen Leonard who was absolutely wonderful like you all said and after more testing and even a genetics test, my son now has a diag...