McD's Happy Meal Lawsuit?

It is completely rediculous on many levels.  All part of great assumption that people are actually slipping down the evolutionary ladder and becoming less intelegent generation by generation.   It amazes me that this Country is devided pretty equally by the # of folks who wish to have thier lives lead by individual choice and those who wish to have their decisions made for them.   Unfortunatley, I see the latter taking over the majority.  

To your parent comment, yes, that is where choice lies as I do not see many happy meal purchasers walking to McDonalds on their own.  It is like the law that comes into effect next year requiring nutritional information be posted on all fast food menus.   Does anyone really think most fast food is healthy?   Well, I guess now they will really be seeing the facts at the counter.

Same assumption that Cancer warnings on cigarettes really makes smokers quit.  I mean, who was to know smoking causes cancer?  Maybe 50 years ago prior to research, but 2010?   I doubt we will be discovering 50 years from now that childood obesity was caused by the happy meal toys @ McDonalds.   

Rant over, thanks for fueling my fire on the topic   

 

For a $1.50 you can buy the toy without the meal, so if the kid has held a gun to your head, just buy the toy.

This is wrong on so many levels.

this is so stupid.  I hope McDonalds sues them back for tarnishing the brand, or something like that. 



 

Awesomeness is at least four mis-spelled words in a paragraph about declining intelligence.

I absolutely see this claim getting through to the court, but being dismissed on the merits at some point along the way. 

Here's the thing: all you have to do to get into court is ALLEGE the facts that would make up a legitimate claim.  The article says that they're suing under California's consumer protection laws.  Check out California Civil Code Section 1770.  This section says it is unlawful to represent that a good has certain characteristics/ingredients/uses/benefits/etc., that they do not have if the company intended to receive the sale of or which did receive the sale of that item.  It also says that companies cannot advertise goods with the intent not to sell them as advertised, and that companies cannot represent the goods of a particular standard if they are not.

So basically, so long as the complaint says that "McDonald's is representing that the Happy Meals are healthy/fun/etc, and they are in fact unhealthy/gross/etc." 

I haven't looked into the case law surrounding it, but I suspect the courts will think this is enough to be heard by a judge.  Not to mention, since it's a class action, there are a LOT of people alleging that same fact, so it will be noticed.

BUT I suspect there are all sorts of public policy issues behind the claim that the court will see because this would open up a flood of litigation to something that is relatively common practice, and this claim is more than likely frivolous (at least I think it is).  They'll dismiss it then, I hope.

That doesn't mean I agree with it.  Still think parents need to take some responsibility! ...And that's why I don't want kids!

Lol, glad I'm not the only spelling Nazi.

Wee shud farm a klub.

When I get a hankerin' for McDonalds I'll buy myself a Happy Meal. I always ask them to omit the toy. And they always give me one anyway. And I always take it out and give it back!

*Whizzzzz* likes this.

Hah, I was thinkin the same ting.

Dats uh gude eyedear!

This really has nothing to do with the toy.  Lawsuits like these are simply about trying to put something together that has a chance to make it to court, and hoping that a wealthy and prominant company would rather pay you off to shut up then to actually pay their lawyers to fight it publically (which may also have some negative marketing effects).

McDonald's called their bluff, so in my mind, this lawsuit is dead. 

But yes...it's wrong that people actually think that it is their right to try and exploit the system to get paid money from people that actually work hard to earn it.  If McDonald's was a bankrupt company, and was giving out crack cocaine in their happy meals...nobody would ever think of filing a lawsuit against them.  You only sue the people that can afford to pay you.

Edited by tri808 2010-12-17 2:57 PM

You should sue

When I've requested no toy you'd have think I said that I wanted to pay for the meal and not take any of the food. "What do you mean you don't want the toy? They're free with the meal."

I understand that Mickey D's likes to give the toys out to kids so they have lifelong positive feelings about the company. This, McD's hopes will make them into lifelong customers. I get the psychology behind it. That's why I simply ask for no toy.

How do I get a piece of this lawsuit?

Edited by David tri's 2010-12-17 3:36 PM

BWAHAHAHAHA!

Anyone who's seen the opening of Idiocracy knows that de-evolution is indeed the future. "Brawndo's got what plants crave! It's got electrolytes!"

And on a related note, the family of a deceased smoker just won a $186 MILLION dollar judgment against a tabacky co. on that argument, that they gave out free cigarettes to young kids (in the 50s, I believe).

Also, this is a class action.  So the "plaintiff" class members will get, what....  a coupon for a free happy meal (toy-less of course).  That would be ironic.  But the class action attys get millions in fees. 

Has anyone see the documentary "Fat Head"?  I immediately thought of it when I opened the article.  I now have visions of "the guy from CSPI".

Bingo!  Its called the judicial lottery. 

Blame lazy fingers and a kid who decided to eat waffles near computer and share his syrup with the keyboard.   Regardless, it is my CHOICE to have typos, stop trying to take that right away from me too.   

I'm a spelling Nazi too, especially when tearing someone apart for being stupid.

As to the lawsuit; last I checked, the kids do not buy Happy Meals. Since when do children make decisions for parents? I have been known to buy my son a Happy Meal here and there, but I certainly do not do it every time he says he wants McDonald's. I also do not buy him a toy every time he sees a commercial and says, "Daddy, I want that!"

Take some responsibility!

"Misspelled" is not hyphenated.