Jump to content
This site uses cookies. Continued use is acceptance of our Terms of Use and Privacy Policy. More Info... ×
  • Welcome to Celiac.com!

    You have found your celiac tribe! Join us and ask questions in our forum, share your story, and connect with others.




  • Celiac.com Sponsor (A1):



    Celiac.com Sponsor (A1-M):


  • Get Celiac.com Updates:
    Help Celiac.com:
    eNewsletter
    Donate
  • Record is Archived

    This article is now archived and is closed to further replies.

    Jefferson Adams
    Jefferson Adams

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

    Reviewed and edited by a celiac disease expert.

    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.

    Celiac.com Sponsor (A12):
    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.

    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.


    User Feedback

    Recommended Comments

    There are no comments to display.



    Guest
    This is now closed for further comments

  • Get Celiac.com Updates:
    Help Celiac.com:
    Donate
  • About Me

    Jefferson Adams

    Jefferson Adams is Celiac.com's senior writer and Digital Content Director. He earned his B.A. and M.F.A. at Arizona State University. His articles, essays, poems, stories and book reviews have appeared in numerous magazines, journals, and websites, including North American Project, Antioch Review, Caliban, Mississippi Review, Slate, and more. He is the author of more than 2,500 articles on celiac disease. His university coursework includes studies in science, scientific methodology, biology, anatomy, physiology, medicine, logic, and advanced research. He previously devised health and medical content for Colgate, Dove, Pfizer, Sharecare, Walgreens, and more. Jefferson has spoken about celiac disease to the media, including an appearance on the KQED radio show Forum, and is the editor of numerous books, including "Cereal Killers" by Scott Adams and Ron Hoggan, Ed.D.

    >VIEW ALL ARTICLES BY JEFFERSON ADAMS

     


  • Celiac.com Sponsor (A17):
    Celiac.com Sponsor (A17):





    Celiac.com Sponsors (A17-M):




  • Related Articles

    Dr. Ron Hoggan, Ed.D.
    The following is a post from Ron Hoggan - Q: I asked the doctor what an inflamed mucosa could mean and he shrugged and then added parasites, maybe? She was tested for parasites way back before her first biopsy (October 96).
    A: Have you tried eliminating dairy? Volta et. al. have demonstrated that 36% to 48% of celiacs tested were also intolerant to milk protein. Borner et. al. have demonstrated sequence homology, from the N-terminal, between casein and gliadin. The other three cited below are also identifying milk protein intolerances associated with celiac disease.
    Playing the odds, exclusion of dairy is most likely to help. But there are other significant dietary allergens that might be eliminated if a dairy free diet, in addition to the Gluten-free diet, doesnt...


    Scott Adams
    Proceedings of the National Academy of Sciences 1999;96:11482-11485.
    (Celiac.com 04/10/2000) Spanish researchers, including Dr. Alicia Armentia Medina from the Hospital Rio Hortega in Valladolid, Spain, warn that people who have cereal allergies should exercise caution when drinking cola or cocoa products as these beverages may contain cereal proteins. These proteins could cause a severe asthmatic reaction in rare instances. Cereal allergies are very common throughout the world, and it is difficult to know the formulation of cola drinks. According to Dr. Medina: It is possible that they contain cereals. In their study, which was presented to the 16th World Congress of Asthma in Spain, Medinas team analyzed the allergic reactions of nine people who suffered severe asthmatic...


    Claire Atkin
    Celiac.com 05/28/2009 - Dr. MariaPorpora and her fellow researchers in Italy studied a woman backin 2003 who had chronic abdominal and pelvic pain, deep dyspareunia(pain while having sex), and dysmenorrhea (menstruation pain similar tocramps). When she came in to Dr. Porpora’s clinic, she also haddiarrheaand had lost five kilograms in the last six months.

    Her painwas so bad that she completely avoided having sex. She measured the severity ofher pain on a one to ten scale, with one being low and ten being high:

    Dysmenorrhea: 10 Chronic pelvic pain: 7 Dysapareunia: 10
    Shealso had a “normal cervix, a mobile, anteveted mildly enlarge uteruscaused by myomata (benign tumors), and the absence of adnexal masses(lumps in tissue near the uterus, usually in the ovary or ...


    Jefferson Adams
    Celiac.com 05/25/2015 - Many people who are concerned that they may have celiac disease are not sure where to begin. Many people simply stop eating gluten and call it a day, choosing to avoid what can be a long, drawn-out process of getting an official diagnosis.
    If you suffer from any of the 10 Most Common Complaints of Celiac Patients, you might want to consider the possibility of celiac disease.
    Most doctors, however eager they may be to render proper treatment, are bound by clinical treatment protocols and guidelines that limit the circumstances under which they can order blood screens for celiac disease.
    So, when should doctors test people for celiac disease? According to the American College of Gastroenterology's (ACG) clinical guideline on diagnosis and treatment of celiac...


  • Recent Activity

    1. - trents replied to AlyO's topic in Parents, Friends and Loved Ones of Celiacs
      3

      Possible gluten exposure in 4yo

    2. - AlyO replied to AlyO's topic in Parents, Friends and Loved Ones of Celiacs
      3

      Possible gluten exposure in 4yo

    3. - trents replied to Hannah24's topic in Celiac Disease Pre-Diagnosis, Testing & Symptoms
      5

      Negative Test but I have All the Symptoms!

    4. - knitty kitty replied to Hannah24's topic in Celiac Disease Pre-Diagnosis, Testing & Symptoms
      5

      Negative Test but I have All the Symptoms!

    5. - trents replied to Linedancegal's topic in Introduce Yourself / Share Stuff
      2

      25 year biopsy confirmed/ate pizza with no ill effects?


  • Celiac.com Sponsor (A19):



  • Member Statistics

    • Total Members
      120,457
    • Most Online (within 30 mins)
      7,748

    Kitty-Kat001
    Newest Member
    Kitty-Kat001
    Joined

  • Celiac.com Sponsor (A20):


  • Forum Statistics

    • Total Topics
      120.2k
    • Total Posts
      1m

  • Celiac.com Sponsor (A22):





  • Celiac.com Sponsor (A21):



  • Popular Now

    • Hannah24
    • jessiemariecar
    • Rhonda H
    • HayleyC123
    • Touche
  • Popular Articles

    • Scott Adams
    • Scott Adams
    • Scott Adams
    • Scott Adams
    • Scott Adams
  • Upcoming Events

×
×
  • Create New...