A Class Action Suit Against Mcds...

[Cheri A]

hope this link works...

Open Original Shared Link

[minibabe]

I would be really interested in reading.....but you have to register

Is there a way that you could copy and paste the article? If it is to long would you mind my emailing it to me?

amandaking0420@yahoo.com

Thank you

Amanda NY

[Cheri A]

Lombard woman sues McDonald's over fries content

Tribune staff reports

Published February 17, 2006, 7:39 PM CST

The news last week that McDonald's french fries contain wheat and milk ingredients has resulted in a lawsuit filed Friday against the Oak Brook-based company.

The Chicago law firm Dale and Pakenas filed suit in a Cook County court on behalf of Debra Moffatt of Lombard, alleging consumer fraud. The suit seeks class-action status and unspecified damages.

Moffatt's lawyer, Thomas Pakenas, said his client suffers from celiac disease, which interferes with the absorption of nutrients and is triggered by eating gluten, a protein found in wheat, rye and barley.

"You cannot sell gluten-free french fries when they have gluten," Pakenas said.

Jack Daly, senior vice president of McDonald's Corp., said in a statement that the company has not had a chance to review the case but that the chain is "conducting research to determine that our fries have no gluten" through a food allergy research program at the University of Nebraska.

Pakenas said his client, a mother of four, has suffered health consequences after eating the fries, including gastrointestinal symptoms. "People suffered from consuming these french fries and, in Illinois, they are entitled to compensation for their suffering," he said.

Moffatt would also like the company to "make a concerted effort to educate the public about the allergens ... and not just change the Web site," Pakenas added.

Copyright © 2006, Chicago Tribune

[minibabe]

Thank you, highly appericated

[VydorScope]

*sighs* MCD could have aviod all of this with just a smarter PR person writing a press release before changing the website, something "FOR IMDEDIATE RELEASE: MCD has recently learned there is a risk that our fries have potential allergens from wheat and dairy in them and are working with the Univ of Neb to determine either way for sure. We are commited to the health and safty of our customers and will keep the public informed via this web site of our status. "

Somthing like that would have solved 90% of this.

[Guest nini]

*sighs* MCD could have aviod all of this with just a smarter PR person writing a press release before changing the website, something "FOR IMDEDIATE RELEASE: MCD has recently learned there is a risk that our fries have potential allergens from wheat and dairy in them and are working with the Univ of Neb to determine either way for sure. We are commited to the health and safty of our customers and will keep the public informed via this web site of our status. "

Somthing like that would have solved 90% of this.

I agree Vincent... If they had been upfront about it, rather than quietly changing their website and giving conflicting info on the phone... If they had sent out a memo to all their phone operators before they changed the site and said, tell them we were just informed of this and we are working to determine if they are still safe, blah blah blah... that would have been better than the mix up of information that so many of us got.

[Becky6]

I agrree, that they could have avoided a lot of issues if they were honest and upfront about it. They still won't say they have gluten in them but their website says they do. Geesh!

[hez]

IMHO, I agree with Vincent. It is a shame that it comes down to a lawsuit. I for one will not be joining a lawsuit. I think this hurts the efforts of celiacs with resturants and food manufactuers. I think you get more flys with honey than vinegar. However, I do understand and sympathize with those that are so angry. At the very least someone in corporate communications at McDonald's should see a pink slip for being such a dumb a**.

Hez

[Rachel--24]

It is a shame that it comes down to a lawsuit. I for one will not be joining a lawsuit. I think this hurts the efforts of celiacs with resturants and food manufactuers. I think you get more flys with honey than vinegar. However, I do understand and sympathize with those that are so angry. At the very least someone in corporate communications at McDonald's should see a pink slip for being such a dumb a**.

I agree with you Hez. I just knew it was only a matter of days before someone filed a lawsuit but I also knew this would force McDonalds to test the fries and prove to us that they are gluten-free. Thats basically all I want to know. Are they or arent they. Also, I'm curious about the person who filed the lawsuit saying she suffered from consuming the fries. I dont know why someone would continuously eat something if it made them get sick...but thats just me. Also we can get glutened from a restaraunt like Outback or PF Changs who offer gluten-free menus. We can get glutened from Bob's Red Mill products which are labeled gluten free. There are many products that state they are gluten-free when in fact they may contain small amounts of gluten. Does this open the door for people to start suing restaraunts because they got glutened? This concerns me because some people really are "lawsuit happy" in this country. Next thing you know Restaraunts arent gonna be as "Celiac friendly" because they'll all be terrified of getting sued. I dont see how this is gonna help our cause in the long run.

[Guest nini]

that's a really good point Rachel... the gluten intolerance groups response to this also said something to the effect that this may cause companies to deliberately add wheat to their products just so they DON'T have to deal with us celiacs anymore...

[VydorScope]

I for one will not join the "class" if the option comes up.

[Rachel--24]

that's a really good point Rachel... the gluten intolerance groups response to this also said something to the effect that this may cause companies to deliberately add wheat to their products just so they DON'T have to deal with us celiacs anymore...

See...now that would really suck.

I feel like there will be some kind of backlash from that lawsuit and I'm sure there will be many more jumping on the bandwagon. How long has it been? A week? McDonalds hasnt even had the opportuntity to get everything together and inform the public of exactly whats going on. I'm sure testing the fries will be an important factor in this but we dont even know those results and people are already initiating lawsuits.

Personally I hope the fries test completely negative for gluten and the woman is forced to drop her lawsuit. If the fries have gluten and you've been getting sick then fine....go ahead and sue if it makes you happy. People are so opportunistic when it comes to making some money....it makes me sick.

If the fries test negative for gluten I'll happily be eating them (when I'm healed) and I better not EVER see that woman going into a McDonalds in this lifetime!

[key]

People are SO sue happy. My son seemed to be sick after eating there ,but you can't expect to not get gluten when eating in a fast food restaurant to begin with. I agree they should have been better about looking into it to begin with, but like someone said here, it is just going to make life harder for people with celiac. PRetty soon, we won't be able to find a product that states it is gluten free. Just my opinion, but I think it hurts our cause.

MOnica

[penguin]

I know I've said this before, but it's time for the McDonald's PR guy to find a new job. Idiot.

And people love to sue McDonald's for all kinds of stupid stuff. Cases in point:

-Parents to lazy to cook meals for their children have obese children who will eat nothing but double cheeseburgers

-Woman stupid enough to put "WARNING: CONTENTS MAY BE HOT" coffee inbetween her legs and got burned

It all kind of hit the fan for McDonalds this week....

[DavidB]

This really disturbs me. Yes Mc Donalds made a mistake but when other restaurants hear about law suits, I see them not listing Gluten-Free menus because they will be afraid of Liability. I have been in talking with Applebees and they gave me the old "we do not print a Gluten-Free menu because our menu changes too frequently". I told them I would continue going to restaurants like outback that take the time to make a Gluten-Free menu.

No one gets rich over these law suits except attorneys and Mc Donalds won't change a thing over it. They make Billions a year. I think we celiac sufferers can do a better job lobbying our government for more awareness and as a large group show support the resturants who do go through the trouble of making a gluten-free menu.

I was in Outback the other night and I heard a lady yelling at the waitress for putting something on her salad that had Gluten in it. I was so embarrassed being a Celiac and just ordering a Gluten-Free meal. That lady acted like everyone is suppose to know what gluten is. I can see these restaurants getting sick of us if we act like that.

[Guest nini]

my momma always said "you get more flies with sugar than you do with vinegar"

we will get better results if we compliment those companies that do well, then to attack the ones that don't.

yes we can be angry and vent about McD's but you are right, they aren't going to change anything, other than maybe doing away with a gluten free list altogether... do we really want that?

[VydorScope]

my momma always said "you get more flies with sugar than you do with vinegar"

we will get better results if we compliment those companies that do well, then to attack the ones that don't.

yes we can be angry and vent about McD's but you are right, they aren't going to change anything, other than maybe doing away with a gluten free list altogether... do we really want that?

WEll honestly I do not count MCD's as much of a loss But if I could not go to a place Like Santae Fe, Outback, or etc, that woudl be sad.

[Rikki Tikki]

I wouldn't join a lawsuit but I am really upset about the whole McDonalds thing. I used to eat there probably once or twice a week. This is the only restaurant where I live that claims to have any gluten free items. I have felt safe in that whereever I went I could eat the fries at McDonalds.

I beleive I am entitled to my feelings on this matter so please don't jump me about them.

What I am upset about is that from what I have read they have known for a long time that the oil had a gluten containing ingredient in it. I have also eaten their hashbrowns once in a while.

To me it's very black and white, if you are not 100% sure that it does not contain gluten then don't advertise it that way. We don't have many places we can eat at and not worry and I resent the company keeping this information from us.

It's like the tomacco companies knowing their products could cause cancer but keeping that quiet for the bottom line which is money.

I just quit 13 smoking 13 days ago so I might be a little irritated. Thanks for letting me blow off some steam

[Guest nini]

of course you are entitled to your feelings. there are a lot of us that are very angry about this right now. angry, frustrated...

[tiredofdoctors]

I posted earlier about this under "Publications & Publicity" . . . I'm just a fence-sitter. Saw so many bogus suits when I was practicing that it made me sick . . .

[Judyin Philly]

that's a really good point Rachel... the gluten intolerance groups response to this also said something to the effect that this may cause companies to deliberately add wheat to their products

just so they DON'T have to deal with us celiacs anymore...

this is what i'm afraid of and have been for awhile...

Resturants will see our 'gluten-free' card and say 'for their safety and ours' they would prefere we go some where else to eat and I think someone on the forum actually had that said to them.

Was gluten at sleep study on Tues and feeling so down, hubby took me for a ride in the country & maybe lunch....and we decided this resturant could probably cook for me. Of course no time to research didn't know where we were going.

I like to share a story of a resturant that cared today..but too sick from eating there don't want to type..the poor guy tried so hard...and when i called him 2hrs later as he'd asked me to do to see how i was ...TOGETHER--WE FIGURED AFTER HE'D GONE TO ALL THE TROUBLE OF COOKING MY FF IN IT'S OWN POT AND USE NEW OIL FOR ME...

THE OIL HAD SOY IN IT. Yes, he'd looked at the card but not the oil label.

AT LEAST HE'S TRYING TO BE AWARE AND HELP US. SOME JUST PLAIN DON'T GIVE A DAMN.

JUDY

[Canadian Karen]

I hope it doesn't have a ripple effect.......

What if the companies who currently are supplying the gluten free market (foods, bread, etc.) decide it's just too risky. What if they think that as soon as they "slip up" accidentally (for instance a contamination issue), they are going to get their asses sued into next week. They just won't think it's worth the risk........

Or what if Kraft is watching this from the sidelines and their bigwigs decide declaring things gluten-free by having a gluten-free list for us to go by, or having the policy of disclosure of gluten, what if they think that the risk is not worth it, as soon as they make a mistake, they know they'll get their asses sued.....

ya never know....... Our lives are hard enough as it is, I hope this doesn't make it harder......

Karen

[Judyin Philly]

I hope it doesn't have a ripple effect.......

What if the companies who currently are supplying the gluten free market (foods, bread, etc.) decide it's just too risky. What if they think that as soon as they "slip up" accidentally (for instance a contamination issue), they are going to get their asses sued into next week. They just won't think it's worth the risk........

Or what if Kraft is watching this from the sidelines and their bigwigs decide declaring things gluten-free by having a gluten-free list for us to go by, or having the policy of disclosure of gluten, what if they think that the risk is not worth it, as soon as they make a mistake, they know they'll get their asses sued.....

ya never know....... Our lives are hard enough as it is, I hope this doesn't make it harder......

Karen

Karen

I so agree, if we're scared i bet they are terrified...

I'm begining to think the only place we are safe== is in a resturant who owners are dx'd with celiac and eat the food they prepare and feed their families with it

And product makers who are dx'd and eat their own products. no smiley's for me after my afternoon 'date with hubby' and now sick as a dog...at least the guy cared...he had a 8 year old daughter and cares about the kids who come in with their parent.s

just been a down week for me trying so hard to be positive and can't even get a cpap mask cause the insurance won't pay...guess no sleep for me till april.

j

[psawyer]

I can't think of a worse thing arising out of this than a lawsuit. The only beneficiaries will be the law firms.

I believe that McDonalds acted in good faith all along. Misunderstandings and mistakes happen in life. Yes, they muffed the announcement. But, as soon as they became aware of a possible problem, they took action.

If McDonalds is sued over this, I believe the effect will spread to other companies, and eventually there will be no gluten-free lists, labels, menus or the like. Nobody will invite a lawsuit by trying to provide, in good faith, infomation which may be used against them in a court of law. We are already seeing more and more "may contain" and "may contain traces of" qualifiers as CYA statements.

I don't want companies to be unwilling to tell us what we need to know for fear that it will lead to legal action.

I have made many mistakes in my 51 years on this planet. I will make many more before I am done. Can any of us claim otherwise?

[jkmunchkin]

I'm not gonna lie, I did for a moment consider joining any class action suit that formed because I do feel very betrayed by McDonald's and am not happy with the way they are handling this thus far or the way the "released" the information. However, I hadn't really thought about the fact that then restaurants such as Outback, Lumi, Mama's, PF Chang's, etc. may stop offering gluten-free menus because of fear of being sued if someone is accidentally glutened. I absolutely agree, lawsuits are the worse thing that can happen. I sincerely hope people realize the damage this could do and no one else decides to sue, nor does any class action suit evolve.