U - Lawsuits against FastFood and Tobacco. Whose fault is it?

[Crystal]

I've searched for this topic but could find nothing.

New research suggests that foods high in sugar and fat are addictive (actually it's fairly old research but it's just been introduced to the public).
This is apparently huge (good) news for the people sueing various fast food companies for making them overweight.
So what do people think about this?
Is it sensible? do, in your opinion, these people have a valid case? Whose fault is a persons obesity?
(I'd just like to exclude people with genetic disorders which cause extereme fat deposition from this!)

[WaffenSS]

Hmm, I can be considered overweight. I'm 244 pounds and 6'1". I am also however athletic, and people insist im not fat/obese. Personally I hate really sweet foods. My diet consits of mostly protein rich food. So, just because someone is fat doesnt mean sugar and sweet foods are involved. Most of the time it is the obese persons fault for being obese. You need to regulate your diet and get out more.

[Crystal]

You may be overweight by the Body Mass Index system but by that I am almost unhealthyly underweight which is rubbish because I just don't put on weight.
When you say "Overweight" it is not the same as obease Obeasity is a medically recognised condition where the sufferers have too much fat. In your case it sounds like your weight is mostly muscle, which weighs much more than fat anyway!

[rotsiepots]

I'd like to know more details of the research carried out. I know it was conducted on rats (whether the same link will be discovered in humans is yet to be established), but I'd like to know the nitty-gritty. More often than not these tentative research projects are published, only to be retracted later on.

Besides, it's one study. It's hardly groundbreaking.

People suing fast food chains really irk me. I don't think it's reasonable to claim that what they thought they were eating was healthy. As an ex-employee of McDonald's I can assure everyone that their food is not addictive (I consumed it for three years, non stop and haven't eaten a bite since I left three years ago). I think it's just another example of financial greed, to be honest. People should start taking responsibility for their own actions.

[Minerva2003]

I'm with rosiepots. People should take responisibility for their own actions. No one forces them to eat fast food. I am also of the opinion that sugar (starch) is addictive and that there are some people who cannot metabolize it well. I'm one of them. Yes, I am obese ( but working to change that) The definintion of obesity varies bit is generally accepted to be someone greater than 30 % above maximal aceptable body weight.
I've started following a low carbohydrate diet and have lost weight, and body fat. So far in 4 mos I've decreased my body fat by 5%.

Crystal - muscle does not weigh more than fat. A pound of muscle and a pound of fat are the same weight. Muscle is more dense than fat so it take's up less space. Think of a brick vs a bag of feathers.

[tabby]

Minerva: I think what Crystal meant is that you carry less, whilst being the same weight because on a volume ratio muscle weighs more. You can be 200 pounds and not be fat if it's muscle, or be obese if it's just fat.

I'm with rostsiepots too. Western culture, and American in particular, has become a very blameless culture. By that I mean, no one wants to take responsibility anymore. It's always someone elses fault. These court cases against fast food companies are no different.

If the plaintiffs had to eat McDonalds for every meal otherwise they'd suffer withdrawal (showing actual medical symptoms) whilst also exercising at least occasionally then maybe they'd have a case.

None of the plaintiffs have fit that bill yet. These same people suing McDonalds don't exercise regularly. When they don't eat McDonalds they're eatting fried chicken and macaroni and cheese.

It's greed pure and simple. No body makes anyone buy fast food. It's a choice. It's also a choice to have a hobby of watching DVD's rather than a hobby of playing hockey. We are our own choices and we should take responsibility for them.

[daronisgod]

I am slightly overweight and in my opinion it was my own fault I got this way, I am trying to lose weight at the moment, though most people would say I'm okay weight wise I don't feel right being this large and I know my mum is very overweight and I don't want to end up that way....

Now I know this is different from being obese, but its the same principle I ate too much and now I'm overweight, its my own fault and no one elses, with all the huge amount of information we have now, I don't see how anybody could claim they weren't aware that eating McDonalds was bad for you, in fact I think pretty much everyone must realise that food like that is bad for you... theres also tons of information in loads of places about what you should eat... so in my opinion they don't have a case...

Now don't know much about this particular case but I do think McDonalds in negligent in pushing there type of food at kids, having said that its still a parents responsibility to ensure that their kids are eating the right food...

[piemaster]

RAWR! those people who try to sue fast food chains really bug me. Those are the people that cause me having to put up with looking at the "WARNING: Tip is hot when in use" sticker on my soldering iron every day. Greed. That's what's in effect here. I really couldn't believe it when I first heard about these cases. It's times like this when I lose faith in the human race. Obviously Mcdonald's is bad for you.

However, the people sueing are only half of the problem. The other half is gutless lawers that will always try to make a quick buck out of sombody else's misfortune, no matter how ridiculous the case is. People like this have no moral code whatsoever.

[EmilyRose]

The people sueing the fast food industry for their obesity really bother me--it's just another example of "Nothing is my fault!" mentality, which is probably the worst mindset we have to contend with now. Unless people take responsibility for their own actions, everything goes to heck.

Carbohydrates, mainly processed carbohydrates such as you find in sugars and white starches, are bad for you. This is the premise all of the low-carb diets are based on. There are good carbohydrates, but our society has become pretty dependant upon the processed variety.

I've also gone on a low-carb diet... Atkins, the original low-carb diet. It got a lot of flack in the beginning, but was recently proven to be downright healty and a reccomended lifestyle. I miss pasta, but I'm actually a great deal healthier, and I've only been on the diet a few weeks. I've lost about 15 pounds, and my anemia (my major health problem) is looking up. I have a diabetic friend who's doing Atkin's, who is doing great.

Splenda is my saviour. I can still have sweets, now, that don't have a disgusting aftertaste of some of the icky sweeteners. And I'm not starving to death, or losing my hair, like you do on some of the other diets. So hey, dealing with needing to lose a bit after the baby, and still eating. I recommend it for anyone who considers themselves obese, as it's just a healthy way to lose weight and clear up quite a few health problems.

[Crystal]

What people have written are pretty much my own feelings!
Although I do not agree with advertising sweet foods as much as is currently done!
Also to a certain extent sugar MUST be addictive, it gives you a huge rush of Dopamine in the brain making you feel happy and comftable, however the same thing happens when you have sex, or take Cocaine!
Burgers do not make you feel full so people eat more, yes this means you ingest more calories, but lots of foods do the same thing.

[Lord_Chatterley]

Obesity frequently turns into anorexity,and that's the major problem.
Fat people is mocked because of their weight and don't eat anymore.

[Weatherby]

I don't think they have a case. It's hard for people to sue tobacco companies for the same reason I'm sure.
They have the information that it's not healthy for them yet they choose to eat it or smoke. It's all personal responsibilty.
Now if a resteraunt didn't take proper precaution to protect them from poisoning they'd have a case.

[Divi]

I don't think that fatty foods are addictive (as in the physical draws of addiction and craving), I think they are habit-forming. That can be an addiction in itself, but it is a psychological one, not a physical one. Fast food is easy to eat, it's cheap, and quick so that you never have to cook- it's convenient. That can become habit forming for people that don't want to change their routines or don't want to cook, but I think that it is a separate matter completely from a physical condition, which by definition would have to cause people symptoms of withdrawal. Have you seen anyone writhing around on a hospital bed in tremors, screaming for a hamburger while their blood sugar or immunitive defenses plummet? Well, I haven't. I think, like rotsie said, that when it comes to the lawsuits about fast food it's a matter of blame. Blame everyone but yourself for the fact that you've become too accustomed to a get-everything world where you have the time to sit around eating burgers and filing lawsuits, yet not cram into that busy schedule a 10 minute walk.

Fast foods and fatty foods are simple- they taste better to some people, and they're often very quick to get and eat. People like the fact that they're easy, but I never saw places like McDonalds claiming that they'll make you healthy, so there is no basis to the lawsuits. The lawsuits are based on the principal that the foods ought to be healthy, but no one ever said that they were. Everything is labeled. It even says on some foods like Taco Bell's Mexican Bowls that the recommended serving is actually 1/3 of the product. It comes down to the same old caveat, "buyers beware". They labeled their products, so it's not like they are deceiving you. If you get into the habits of purchasing those foods, it's your own responsibility to determine how much you should eat.

[praisequeenfreddie]

It is 100% the falt of the public who eat the products. It takes common sense to realize that eating at McDonalds every day while ordering a super meal will make you overweight. I do not mean to sound nasty but I have no pity for those who complain day after day that they are overweight and can do nothing about it. Only in a select few cases is obesity a genitic problem that people can do little to overcome. By becoming so incredibly overweight you have lost total control over your body and over your life. There is only one way to overcome obesity and it is not by suing the people who have no control over what you eat. You are the one ordering the food and paying for it. I would think that people would think logicaly and realize that eating a pound of meat a day would pose health problems.

[tabby]

Actually a pound of meat a day isn't the problem. It's the sugar, fats and carbohydrates that are the problem.

[praisequeenfreddie]

True. It is also the problem of the consumers who can't seem to control what they eat. Still no point in blaming the food when it has been dead and stacked in a meat cooler thawing out for peoples own craving delight.

[LionHeart14]

As someone who is a bit overweight, I take full responsibility for my actions - I am the one who is addicted to sugar and flour and stuff!!! So ... I am doing the Atkins diet (high protein, low-to-no carbs) and it's great.

[WaffenSS]

Read this, research says sugar, etc etc, can be addicting (http://www.news.com.au/common/story_page/0,4057,6747909%255E401,00.html)

I still think its a person's own responsibility to regulate what they eat.

[Crystal]

You found it!!!
Well done, I heard about it on the tv!
I'm a little worried about all the people who advocate the Atkins diet, It IS the best way to loose weight in the short term and the weight can be kept off afterwards by a healthy diet and exercise regime. HOWEVER, a diet with no carbohydrates can lead to liver damage, using protein for energy causes toxins which are cleared by the liver, handling these toxins every day for too long is just like excessive drinking it damages the liver, leading to jaundance and other problems.
There are some problems with this theory though because no-one has been on the Atkins diet for long enough to be seriously ill, YET!

[rotsiepots]

Originally posted by Weatherby (original post (http://www.cosforums.com/showthread.php?postid=457889#post457889))
I don't think they have a case. It's hard for people to sue tobacco companies for the same reason I'm sure.


I do have some sympathy for people who started smoking before it was discovered that smoking kills and who later sue tobacco companies. Cigarettes were marketed as beneficial to one's health, with no mention of the consequences or addictive nature of tobacco.

I also detest the seven dwarfs of the tobacco companies with such fervour that I can't help but support people who attempt to sue them for millions.

I don't think McDonald's has ever attempted to convince people that their food is healthy. Rationally, when you're eating something that's been cooked in fat for 3.5 minutes it's highly unlikely that anything or anyone is going to convince you that what you're eating is good for you.

[daronisgod]

As other people have already pointed out, its part of the society we live in that no-one wants to take responsibility for themselves... I know its kinda of topic but I feel its a similar to people thinking paedophiles aren't really responsible for what they do... I think everyone is responsible for themselves.... people need to take more responsibility and not try to blame everything on someone else...

[praisequeenfreddie]

LionHeart14- Good for you. Sure lots of people are overweight, but its the people who take charge that are the real winners in the end. Good luck!

[invisablethestral]

Obesity is a disease, classed as an epidemic in its worldwide growth brought about by western diet. It will most likely grow to become the biggest cause in death due to the development in type II diabetes.

The argument that sugary and starchy foods are addictive causing people to eat excess amounts is a poor excuse. Its a simple fact that we dont exercise enough and that we eat too much food, which produces excess energy that we dont use, thus being stored as fat deposits. It very rarely occurs, but our total energy intake should be equal to our total enery expenditure in order to stay "healthy". USA started the ball rolling with the fast food industry, which has rapidly moved eastwards, and obesity statistics show that % of overweight people follows that development eastwards.

Dieting is exceptionally hard to do. Lossing fat by only reducing the total energy intake is fighting a loosing battle. Your body reverts to taking energy from fat and protein (muscle and tissue) stores, thus the weight you loose is unheathly. When you start back to the normal diet, the weight is put back on much easier as fat than as protein, worsening the problem. Exercising to increase the total energy expenditure is the only way to loose fat but maintain protein, with continual exercise to maintain the higher energy expenditure.

All this is easy to write, but maintaining it is very difficult. Psychological focus is probably the main reason that people struggle to loose weight.

As for anyone who wants to know if they are obese, overweight, normal or underweight......http://nhlbisupport.com/bmi/bmicalc.htm that will tell you.

[Crystal]

How many pounds are there in a stone?
if 12 I'm underweight, if 14 I'm trembling on the edge of normality! (come to think of it I do that anyway :) )

[invisablethestral]

there is roughly 13 pounds to a stone.

i am underweight supposedly.

[Crystal]

Ah ok I'm underweight!
This is of course rubbish because I just don't put on weight. I do however watch my sugar intake, my grandmother has type II diabeties and it can be hereditry.

[Snowangel]

I am within normal weight range, according to that. But only a few years ago I would have been quite a bit underweight.

As for obesity, I do think there are problems with obesity in North America in particular. However, our sedentary livestyles and unhealthy eating habits are, of course, largely to blame. The fact that fast food restaurants are so popular indicates that there is a problem. They aren't to blame, but they fit into this culture of fast "convenience" that we are living in.

I think obesity is caused by many factors. There are sometimes genetic factors but there are also learned habits. We learn to eat unhealthy foods and we are also not very physically active, in general. The reason we don't excerice much is probably related to the fact that we don't have much time to do it in. We spend all our time at school, and at work and there is very little physical activity involved.

But I must agree that people are not willing to take responsibility for their own actions and suing McDonald's is just another way of denying responsibility.

[WaffenSS]

LoL, I think that test is BS.

BMI Categories:

Underweight = <18.5
Normal weight = 18.5-24.9
Overweight = 25-29.9
Obesity = BMI of 30 or greater


I got 32.2

[Cat]

I'm not sure of the truth in the addictiveness of sugar and fat, or whether they are addictive enough to take a hold that willpower can't easily conquer.

But surely suing a fast food chain for making you fat on 'addictive' products is like suing a brewery for getting you drunk? They provide something that is completely harmless in small amounts. It is up to the consumer to use their common sense and limit the amount they have. It is childish and greedy to blame somebody else for something that is entirely your fault. Can you blame a gun when it's fired?

[Crystal]

Originally posted by Cat (original post (http://www.cosforums.com/showthread.php?postid=460718#post460718))

But surely suing a fast food chain for making you fat on 'addictive' products is like suing a brewery for getting you drunk? They provide something that is completely harmless in small amounts. It is up to the consumer to use their common sense and limit the amount they have. It is childish and greedy to blame somebody else for something that is entirely your fault. Can you blame a gun when it's fired?

Expecting most people to posess common sense is always a bad idea. You can bet that whenever you do somthing stupid there are at least a thousand people who have done it before (and been just as suprised as you when it blew up, fell down, ate your hamster etc!)

[MollyWeasley22]

Originally posted by Crystal (original post (http://www.cosforums.com/showthread.php?postid=451305#post451305))
I've searched for this topic but could find nothing.

New research suggests that foods high in sugar and fat are addictive (actually it's fairly old research but it's just been introduced to the public).
This is apparently huge (good) news for the people sueing various fast food companies for making them overweight.
So what do people think about this?
Is it sensible? do, in your opinion, these people have a valid case? Whose fault is a persons obesity?
(I'd just like to exclude people with genetic disorders which cause extereme fat deposition from this!)


Common sense would say the person who put the food in their mouth and chewed it up. That's whos fault it is. But, some people like myself have slow metabolisms(sp) so its hard to lose weight. But with personal trainers I think anyone of any size could trim down. Sueing is just stupid. Especially for something one has control over. Addictive or not, you can still eat the correct servings. Obviously those skinny people who go to McDonalds every other day know how to keep it in moderation, so...yah...

[Amadeus]

I think the person who is responsible for his or her obesity. I mean, McDonald didn't force the food down their throat. They CHOSE to eat at McDonalds, all junk food, and never exercise even they knew what they would end up to be if they kept their eating habit.

[Auror Williamson]

As most of you should know, people have been filing lawsuits against tobacco companies and fast food restuarants, because they believe that they have made them fat, or have given them health problems. I think this is ridiculous! You choose to smoke or eat fatty food, they don't make you! It's your fault that your overweight, or need an oxygen tank to breath! There is also talk of Congress possibly passing a bill that prohibits any lawsuits being filed on the sole basis of "You made me fat!" or "I've got lung cancer because of the cigarettes!" I think that is a smart move. What are your thoughts about this?

[Silvilocks]

I’m with you 100% on this. These claims should not be allowed, with one possible exception. I would not totally outlaw cases being brought against the tobacco companies by people who would be aged 65-70 plus (around that age I know) who can prove they were exposed to promotional literature issued by the tobacco companies claiming that smoking was actually beneficial. But anyone under that age has no right to claim.

I smoke, and I have had one illness which caused permanent damage to my lungs. But that damage would have happened if I had never smoked, or had never been exposed to passive smoking. So why should I have the right to sue because I made a conscious decision at the age of 17 to start smoking? I was fully aware of the risks and I still am today. Yet I enjoy smoking and choose not to give up. Choose being the operative word here.

Equally, people should not be allowed to sue the fast foods chains. As you said, if people choose to live on high fat food then that is their choice. I’ve seen some people say that they would allow people with a medical condition causing obesity to sue but in the name of sanity WHY? If someone is aware that they are obese due to a medical condition, then it is even more their responsibility to actively control what they eat. Heading to McDonald’s for dinner every night may be easier for them, but they are therefore deliberately aggravating their existing condition of their own free will.

People say we are living in a “blameless” society, but what they really mean is a “blame anyone except me society”. Sooner or later, people have got to start accepting responsibility for their own actions.

[Auror Williamson]

New news has come of a group of long time drinkers who have filed a lawsuit against liquer companies, saying they didn't tell them that it would get them drunk and ruin their life. This is really sad.

[triki1988]

Oh please!! You make the choice whether you want to smoke/eat fast food everytime you get the chance to. The companies are just there to make things easier for you.
How dim.

[Silvilocks]

Please can somebody tell me who to sue, because nobody ever warned me that life was hard, unfair, and I might not like it all that much at times????

[Midnightsfire]

Hmmm...I don't think things are quite so simple.

After all, just examine the infamous McDonalds coffee case...

There was a reason why (initially) the jury awarded that woman $200,000 in compensatory damages. (This amount was reduced to $160,000 because the jury found Liebeck 20 percent at fault in the spill.) The jury also awarded Liebeck $2.7 million in punitive damages.

[Hammi]

People are stupid. Of course if you eat food, and alot of it, you will get fat. And if you dont know by now that cigarettes are bad for you, you must have lived in a cave, where you wouldn't have had any cigarettes, so no one has an excuse

[Auror Williamson]

Correct me if I'm wrong, but isn't the Mcdonald's coffee case the one regarding the woman who burned herself becausethe coffee was hot, and McDonalds was forced to shell out some money and put "Warning, Coffee Hot." on their cups? If it is, even a small child knows that coffee is hot, and it burns!

[thethirdman]

You need to put a warning label on my Big Mac so I know that if I eat them everyday and don't exercise I'll get fat. And give me more Freedom Fries with extra grease. Better let me know my coffee's hot while your at it. If you don't, I might try to bathe with it.

[Crystal]

Yet another piece of proof to back up Crystals Theory of Eternal Stupidity!

And has anyone heard about the dog in the microwave one? Microwaves now come with "Do not place pets in this appliance" as standard!

[Midnightsfire]

Originally posted by Auror_Williamson (original post (http://www.cosforums.com/showthread.php?postid=473904#post473904))
Correct me if I'm wrong, but isn't the Mcdonald's coffee case the one regarding the woman who burned herself becausethe coffee was hot, and McDonalds was forced to shell out some money and put "Warning, Coffee Hot." on their cups? If it is, even a small child knows that coffee is hot, and it burns!


*nods* It's the same case...but let's scrutinize the facts:

After receiving her coffee, her grandson pulled his car forward and
stopped momentarily so that Liebeck could add cream and sugar to her
coffee. (Critics of civil justice, who have pounced on this case, often
charge that Liebeck was driving the car or that the vehicle was in
motion when she spilled the coffee; neither is true.) Liebeck placed
the cup between her knees and attempted to remove the plastic lid from
the cup. As she removed the lid, the entire contents of the cup spilled
into her lap.

The sweatpants Liebeck was wearing absorbed the coffee and held it next to her skin. A vascular surgeon determined that Liebeck suffered full thickness burns (or third-degree burns) over 6 percent of her body,
including her inner thighs, perineum, buttocks, and genital and groin
areas. She was hospitalized for eight days, during which time she
underwent skin grafting. Liebeck, who also underwent debridement
treatments, sought to settle her claim for $20,000, but McDonalds
refused.

During discovery, McDonalds produced documents showing more than 700 claims by people burned by its coffee between 1982 and 1992. Some claims involved third-degree burns substantially similar to Liebecks. This history documented McDonalds' knowledge about the extent and nature of this hazard.

McDonalds also said during discovery that, based on a consultants
advice, it held its coffee at between 180 and 190 degrees fahrenheit to
maintain optimum taste. He admitted that he had not evaluated the
safety ramifications at this temperature. Other establishments sell
coffee at substantially lower temperatures, and coffee served at home is
generally 135 to 140 degrees.

Further, McDonalds' quality assurance manager testified that the company actively enforces a requirement that coffee be held in the pot at 185 degrees, plus or minus five degrees. He also testified that a burn
hazard exists with any food substance served at 140 degrees or above,
and that McDonalds coffee, at the temperature at which it was poured
into styrofoam cups, was not fit for consumption because it would burn
the mouth and throat. The quality assurance manager admitted that burns would occur, but testified that McDonalds had no intention of reducing the "holding temperature" of its coffee.

Plaintiffs' expert, a scholar in thermodynamics applied to human skin
burns, testified that liquids, at 180 degrees, will cause a full
thickness burn to human skin in two to seven seconds. Other testimony
showed that as the temperature decreases toward 155 degrees, the extent of the burn relative to that temperature decreases exponentially. Thus, if Liebeck's spill had involved coffee at 155 degrees, the liquid would have cooled and given her time to avoid a serious burn.

McDonalds asserted that customers buy coffee on their way to work or
home, intending to consume it there. However, the companys own research showed that customers intend to consume the coffee immediately while driving.

McDonalds also argued that consumers know coffee is hot and that its
customers want it that way. The company admitted its customers were
unaware that they could suffer thirddegree burns from the coffee and
that a statement on the side of the cup was not a "warning" but a
"reminder" since the location of the writing would not warn customers of
the hazard.

The jury awarded Liebeck $200,000 in compensatory damages. This amount was reduced to $160,000 because the jury found Liebeck 20 percent at fault in the spill. The jury also awarded Liebeck $2.7 million in
punitive damages, which equals about two days of McDonalds' coffee
sales.

The trial court subsequently reduced the punitive award to $480,000 --
or three times compensatory damages -- even though the judge called
McDonalds' conduct reckless, callous and willful.



Considering that Liebeck originally wanted to settle her insurance claim of $20,000, it's easy to see why the judge and jury was so empathetic.

[Auror Williamson]

But Liebeck, would have known that coffee comes hot, and that she shouldn't have been attempting to open a cup of coffee while it sits between her legs. Common sense tells you not to do that!

[Midnightsfire]

Originally posted by Auror_Williamson (original post (http://www.cosforums.com/showthread.php?postid=473982#post473982))
But Liebeck, would have known that coffee comes hot, and that she shouldn't have been attempting to open a cup of coffee while it sits between her legs. Common sense tells you not to do that!


Accidents happen. (That's why they're called accidents.) However, coffee should never give third degree burns. Consider that McDonlads already knew about the problem (over 700 complaints some with 3rd degree burns) and ignored it.

[thethirdman]

I didn't know about the microwave one, but Pop Tarts have warnings too. Some lady set her house on fire because her PopTarts got stuck in the toaster and caught fire. When something gets stuck in your toaster it makes a sound like when your car won't start. It's hard to ignore. She sued becasue there was no warning label on the pop tarts. Now each pop tart has Warning Do Not Leave in Toaster or Warning Do Not Microwave on them.

If you stick them in the microwave for 10 seconds they're fine. Less than ten seconds will do it. Was some moron leaving them in there for 3 minutes?

[Crystal]

Chalk up another one to the Theory of Eternal Stupidity.
It worries me when people try and sue anything that moves (or in some cases dosn't)
If someone breaks into your house and steals your property but injures themself they can sue YOU for emotional suffering, personal injury, negligence etc.
PLUS they get taxpayer funded legal aid to do it!

[Midnightsfire]

About the poptarts thing (http://www.thestandard.com/wire/0,2231,16832,00.html):

PHILADELPHIA, July 28 (Reuters) - The popular breakfast pastry Pop-Tarts has become a burning legal issue in New Jersey.

The Philadelphia Inquirer reported on Saturday that a New Jersey couple are suing the Kellogg Co. <K.N> for $100,000 in damages caused to their home when an unattended Pop-Tart allegedly burst into flames inside their toaster.

Brenda Hurff of Washington Township put a cherry Pop-Tart in the toaster and left the house to drive her children to preschool, the newspaper said. When she returned 10 to 20 minutes later, smoke was pouring from the home and firefighters were already on the scene.

"I never thought a Pop-Tart could turn into a blowtorch," Hurff's attorney, Mauro Casci, told the newspaper. "Did it pop? Did it not pop? Who knows?"

The local fire company listed the cause of the blaze as "unattended food."

A Kellogg spokesman declined to comment on the lawsuit but told the Inquirer that the cereal maker's products were safe and do not cause fires.

Pop-Tarts, which are filled with fruit preserves, carry a warning on the box advising customers not to leave the toaster unattended due to a possible risk of fire.

The lawsuit, filed this week in Gloucester County Superior Court by Hurff and her husband, also named toaster-maker Black & Decker Corp. <BDK.N> as a defendant. The newspaper said the appliance maker had no comment on the suit.

In 1995, Kellogg paid $2,400 to a Springfield, Ohio, man who said that a fire started from a Pop-Tart had damaged his home, the Inquirer said. The man's lawyer had considered calling as a witness humorist Dave Barry, who had written two years earlier that he caused a pair of strawberry Pop-Tarts to ignite by putting them into a toaster and holding the lever down for six minutes, the newspaper said.

[Crystal]

A slice of bread will ignite if left in the toster for 6 minutes. I'm sure this proves somthing!

[thethirdman]

Originally posted by Crystal (original post (http://www.cosforums.com/showthread.php?postid=474136#post474136))
A slice of bread will ignite if left in the toster for 6 minutes. I'm sure this proves somthing!


It sure does. I can sue Wonderbread! Actually I think this proves that you can make a lot of money being stupid.

[HeLioS]

Really it's people's own fault for eating too much and smoking cigarettes. I only feel bad for the people who have glandular problems and can't help because they are big. But people who just eat and eat and eat uncontrollably (and know it's bad for them) I have no sympathy for. Whenever I walk by someone who's smoking a cigarette near a child or something I start to cough to show my disapproval. Smoking is bad for you no matter what people say. Personally I really hate fast food. I can't even get near a Wendy's or McDonalds cause I feel like I'm going to throw up, I dunno why I just can't stand fast food. The only thing I can actually tolerate is chicken fingers at Burger King, but that's as far as I go:p

[Auror Williamson]

Recently, news came of a burglar who filed alawsuit against a family. Apparently, he broke into the family's house, specifically the garage, and broke the window to get in. Upon getting into the garage, he found that he could not get back out. It turns out that the family is on vacation for a week, and it's the first day of their trip. He was forced to eat a spare bag of dog food for the week, and and suffered multiple cuts from the glass of the window.

He files a lawsuit against the family, and a judge upholds the case. I can't remember if he won the case or not, but something tells me he did. He wante something like a couple of million dollars for psychological and physical damges. How horrible stupid!

[Bhodi]

Originally posted by Midnightsfire (original post (http://www.cosforums.com/showthread.php?postid=473966#post473966))
McDonalds also said during discovery that, based on a consultants
advice, it held its coffee at between 180 and 190 degrees fahrenheit to
maintain optimum taste.


You're kidding, right? Has the consultant ever tasted that stuff? It has no flavor whatsoever... Furthermore, even if it had flavor, you wouldn't be able to taste it b/c the heat singes your taste buds... I think McDonalds should sue the consultant for providing $#!tty information...

[Bhodi]

Originally posted by Midnightsfire (original post (http://www.cosforums.com/showthread.php?postid=474014#post474014))
Accidents happen. (That's why they're called accidents.) However, coffee should never give third degree burns. Consider that McDonlads already knew about the problem (over 700 complaints some with 3rd degree burns) and ignored it.


Exactly... Which is why the proposed legislation would concern me... I'm not sure how to reign in some of the frivolous lawsuits that are brought to court in this country, but I would hate to see an authentic case of corporate negligence not make it to court because of some act of Congress (that would be akin to giving someone a paper cut and then rubbing half a lemon all over it)...

[Yavanna]

These lawsuits make me SO MAD! People either have NO COMMON SENSE whatsoever or are really desperate for money. Like the two guys from Great Britain who are now suing some alcohol company because they weren't told it could be addictive?? People want to blame all their problems on someone else, and somehow half the cases are upheld in court even when they make no sense.

[Crystal]

Originally posted by Yavanna (original post (http://www.cosforums.com/showthread.php?postid=476422#post476422))
These lawsuites make me SO MAD! People either have NO COMMON SENSE whatsoever or are really desperate for money. Like the two guys from Great Britain who are now suing some alcohol company cuz they weren't told it could be addictive??


That is stupidity on a truly monumental level!!! Alcohol is not physically addictive It can be dependance forming though! But I'm not even sure that is admissable in court.

And I didn't think I'd started this thread! I'm assuming it's been merged!

[drella]

It's all part of our blame culture, nothing is ever our fault, everything is always somebody elses'. It's ridiculous to say that you didn't realise that eating a burger, with all its fat and processed "meat", and smoking a cigarette, with all its harmful chemicals and addictive substances, would be bad for you. It's so much easier to file a bloody lawsuit than accept that you're to blames these days, you can sue for practically anything and get away with it.

[Carcass]

Here's my idea on it all.

You control yourself, and therefore whatever you do effects only you.

For example, the person whose child is overweight, well no amount of money will change the fact that they have an overweight child. Therefore, you must take advantage of the situation. Even though I don't smoke because I don't want to get cancer, I invested money in tobacco and made a profit. I mean, sure they are still being sued, but I'm still making the best of the current conditions.

Whose fault is it? It can only be the individuals fault for not making the best of the situation. If I'm not mistaken, they lost the case?

[Kaonashi]

It's all part of our blame culture, nothing is ever our fault, everything is always somebody elses'.

Amen to that. Whatever happened to taking responsibility for your own actions?
I smoke. If I get cancer it's my own **** fault becaue every pack of cigs sold now has a warning label on it. I give exception to people who grew up in a decade where they were told that smoking was actually good for you with no future health problems. Likewise, as a big mac weighs in around a healthy 590 calories, and a Super-size fry can be over 1000 calories, I know that a steady diet of these things will make me big as a house. it's not like you are trying to lose weight so you're eating salads and then you find out that the lettuce was treated with some substance that made it grow fast but unfortunately made the calorie count 1000 times worse. People need to get over themselves, stop trying to make easy money, and either quit smoking or exercise more.

[siriusgurl]

These lawsuits are in my opinion just trying to pin the blame on anyone but yourself, we've none our entire lives those things are unhealthy, you make the choice to eat them don't complain when theres consequences. I personally get very annoyed when people get over obsessive about what they eat or what I eat, but it's fast food grow up.

But Tobacco's different it is much more dangerous and the dangers where hidden from us in 20 years lawsuits against them will be unfair but at the present time the majority of people suing did not no the dangers and it was not commen knowledge.

[haycheng]

It is indeed people own fault to do stupid thing. However, there is ad. on Tobacco companies get out fault information in the 80s or ever 90s. If tobacco companies lied, it is a serious issue. It is the sort of the same for fastfood, although I am very sure health diet is a very common education in all schools.

I do not know about passive smoking though. Should people able to sue if they work in a smoking area? :eyebrows:

[foamy_rocks]

i take the opinion of my cartoon idol Foamy. he actually has a toon on this, Foamy's Rant ll, so ha. here is what he basically says:

all these fat people should shut the * up, becuase they ate it in the first place.

[star22]

I think that suing fast food companies is ridiculous. It is basically people just trying to get money. With tabacco, there is a proven addiction. With fast food, it is the persons choice to eat. It is still the smokers choice, but the addiction is very strong, and the tobacco companies knew it and lied about it.

[Zachary1993]

I've searched for this topic but could find nothing.

New research suggests that foods high in sugar and fat are addictive (actually it's fairly old research but it's just been introduced to the public).
This is apparently huge (good) news for the people sueing various fast food companies for making them overweight.
So what do people think about this?
Is it sensible? do, in your opinion, these people have a valid case? Whose fault is a persons obesity?
(I'd just like to exclude people with genetic disorders which cause extereme fat deposition from this!)
I think it is wrong to sue these fast food companies and just has to do with their life style. I mean if they were overweight they could exercise. And I am sure that these people put on some on some of the weight with food they make at home. They probably just sit around the tv. They should improve their lifestyle. I have seen a man order and eat ten Big Mac's. I can eat 2 adult meals and I am only ten. But I go to Karate, play hockey, baseball go to Cubs where I am active. These people just need to moderate the food they eat and get physically active.

This does not have to do with the topic but in a way it does. Lately people have been suing for being addicted to cigerattes. But on the packages it days that they even claim that cigerettes are addictive. We learn at school and in Cubs(infact we were even talking about it today for a badge) So how can they claim that they caused the addiction when they were warned as young as grade 3 that tobacco, alochil and drugs are not addictive.

[star22]

There is another thing. With smoking, one cigarette can hurt you. With fast food, it is only over eating that hurts you. Just eating fast food sometimes does not hurt you. It is when you do it all the time. Therefore, it is your fault, not the fast food chains.