McDonald's obesity suit can't be class action

McDonald's Corp., the world's largest restaurant chain, convinced a U.S. judge that consumers' claims that its food contributed to childhood obesity were too distinct to be gathered in a single group lawsuit.

“Plaintiffs' claims will necessitate extensive individualized inquiries,” Judge Donald Pogue in Manhattan said today in a 43-page decision in a lawsuit filed in 2002 by teenagers Ashley Pelman and Jazlen Bradley.

They accused McDonald's of deceptively marketing its Chicken McNuggets, fish sandwiches, hamburgers and French fries from 1985 to 2002, harming their health and violating New York law.

Pogue, a U.S. Court of International Trade judge sitting by special designation in district court, said the consumers hadn't shown that other people of a similar age suffered the same medical injuries after being exposed to the same marketing and eating the same food.

Lawyers for Pelman and Bradley estimated that the class size could number in the thousands, according to the ruling.

A federal appeals court in 2005 reversed a judge's decision dismissing the case, which sought billions of dollars in damages. The appeals court ruled that the teens and their attorneys should be allowed to collect evidence to support their case.

Samuel Hirsch, the lead lawyer for the plaintiffs, didn't immediately respond to a call and e-mail seeking comment on today's decision.

A phone message left with the media relations department of McDonald's wasn't immediately returned. The company is based in Oak Brook.

The case is Pelman v. McDonald's Corp., 02-cv-07821, U.S. District Court, Southern District of New York (Manhattan).