McDonald's grimaces at Happy Meal lawsuit

Tue Apr 19, 2011 2:05am EDT

* Toys in Happy Meals unfairly lure children-lawsuit

* Plaintiff mother can always say no, says McDonald's

* Lawsuit should be dismissed, company says

SAN FRANCISCO, April 18 (Reuters) - A lawsuit that seeks to stop McDonald's from selling Happy Meals must be dismissed because parents can always prohibit their children from eating them, the hamburger giant said in a court filing on Monday.

The lawsuit claims McDonald's unfairly uses toys to lure children into its restaurants. The plaintiff, Monet Parham, a Sacramento, Calif. mother of two, claims the company's advertising violates California consumer protection laws.

The Happy Meal has been a huge hit for McDonald's -- making the company one of the world's largest toy distributors -- and spawning me-too offerings at most other fast-food chains.

But lately it also has come under fire from public health officials, parents and lawmakers who are frustrated with rising childhood obesity rates and weak anti-obesity efforts from restaurant operators, which are largely self-regulated.

Parham, who filed suit last December, is represented by the Center for Science in the Public Interest, a nutrition advocacy group.

In the lawsuit, Parham admits she frequently tells her children "no" when they ask for Happy Meals, McDonald's said in a court filing late on Monday.

"She was not misled by any advertising, nor did she rely on any information from McDonald's," the company said.

Should Parham's lawsuit be allowed, it would spawn a host of other problematic legal proceedings, McDonald's said.

"In short, advertising to children any product that a child asks for but the parent does not want to buy would constitute an unfair trade practice," the company said.

Attorneys for Parham did not immediately respond to a request for comment late on Monday.

The proposed class action lawsuit in U.S. District Court, Northern District of California is Parham v. McDonald's Corporation et al, 11-511.

(Reporting by Dan Levine)

(Editing by Nick Macfie)
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Comments (2)
PLMorrison wrote:
Are you kidding me? What do the kids pull up to the drive thru on their big wheels? don’t parents have any control? They can’t say NO! Please – what’s next every amusement park being sued? The circus?
Really – Parents need to have control of their children – Not McDonalds. Happy meals are suppose to be Happy! This is darn right silly and a smart, judge should throw this out of court!

Apr 20, 2011 7:43am EDT  --  Report as abuse
Surrealchick wrote:
Come on since I was a little girl Happy Meal toys was just that a TOY. Children come for the toys but it is up to the parents to give them the proper diet and exercise a child needs. Stop blaming the big corporations for your poor parenting skills when it comes to your children. I work for a Mcdonald’s and everyday I see parents and grandparents pick all the wrong things for their kids. If u order the Meal get Apple dippers instead of fries, get the apple juice or milk instead of a cold drink. The options are all there if u look at the commericals that is what they advertise. So stop acting like a child and be the parent.

Apr 21, 2011 8:53am EDT  --  Report as abuse
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