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Obese Americans 'to sue McDonald's for $100bn'

24/07/2003 13:32
McDonald's could face compensation demands of between $50 billion and $100bn from obese and overweight Americans, according to a leading US class action lawyer.

John Banzhaf, a central figure in successful multibillion-dollar healthcare lawsuits against the tobacco industry, believes the fast food giant will be hit by a deluge of lawsuits if it can be shown that its high-calorie diet of burgers, soft drinks and fries is addictive.

Banzhaf, professor of law at George Washington University, is spearheading a number of 'test cases' against McDonald's.

'The sky is almost the limit,' Banzhaf told The Observer. 'Tobacco companies have had to pay more than $200bn to reimburse US states for their healthcare costs, and now our epidemic of obesity is such that the junk food companies will also be liable for vast sums.'

His remarks follow new scientific findings from Princeton University that suggest a combination of high-fat and high-sugar foods create biochemical reactions in the body similar to those seen in people addicted to cigarettes.

If verified, the research could remove food companies' long-standing legal defence that consumers are responsible for their own overeating.

The proportion of overweight adults in the US has soared to 65 per cent. Treating people for obesity-related illnesses costs America's healthcare system an estimated $117bn a year.

Around 25 per cent of the food consumed by this group is made in fast food restaurants, says Banzhaf. 'So we can estimate that McDonald's as the market leader is probably responsible for a good 5 per cent of the damage done to the healthcare budget - in other words, in excess of $5bn per year'.

He added: 'McDonald's may also be liable to pay punitive damages, and compensation for the pain and suffering of those who became seriously ill ... It could also be sued if its advertising is found to have been deceptive, or if it improperly targeted children ... I would not be surprised to see McDonald's paying more than $50bn over the next decade.'

McDonald's, which has successfully repelled obesity lawsuits in the past, declined to comment on Banzhaf's remarks. It has denied that its foods are addictive or that it encourages overeating.