McDonald’s Transfat Settlement – We the People Say No.

McDonald’s Transfat Settlement – We the People Say No.

LEGAL WEBSITE FOR ALL DETAILS--www.tfasettlement.com

On August 24 in Marin County California a Final Fairness Hearing is scheduled in the case of BANTRANSFATS.COM and Katherine D. Fettke, an individual and all others similarly situated vs. McDonald’s Corporation.
FOR LEGAL DETAILS OF LAWSUIT and settlement visit www.tfasettlement.com. This is my non-legal interpretation as a doctor.

I believe that the settlement is not in the public interest. I will be traveling from North Dakota to Marin County, to speak up against it as a concerned doctor. Join me.

According to the original lawsuit McDonald’s in September 2002 in a huge multimedia event, successfully proclaimed to the whole world that it was going to in the words of it CEO “do the right thing” and take a “major step towards the elimination of TFA’s from its cooking oil” used to fry French fries, hash browns, chicken, fish etc. McDonald’s Europe “already has attained comparative levels” the President of McDonald’s USA was quoted as saying in the filings included with the original lawsuit.

A few months later McDonald’s changed its mind - quietly. This lawsuit was initiated by BANTRANSFATS.COM some months later. www.bantransfats.com.

“It was indeed the right thing to do” says Dr. Seth. “Transfats (TFA’s) represent one of the most serious public health hazards of the modern age.”

“Transfats, produced by catalytic high temperature chemical hydrogenation of vegetable oils, have been categorically proven to dramatically increase heart attacks and heart arrhythmias; to cause poorer pregnancy outcomes by increasing pre-eclampsia and decreasing fetal birth weight; to impact nerve health potentially lowering IQ in the new born and infant and damaging the retina increasing macular degeneration and blindness in the elderly and also to increase complications in diabetic patients at all ages. More complications will be found as we continue to peel the Transfat onion.”


The NY City Health commissioner, last week, equating TFA’s with lead and asbestos, asked for a voluntary TFA ban for restaurants and food suppliers. Denmark strictly limits use. Canada is actively working towards a national ban maybe because its National Health Insurance ends up paying for TFA caused health problems. Many US Corporations face rapidly inflating employee health insurance costs. They need to realize, as Canada has that they are enhancing the TFA purveyors’ bottom line, to the detriment of their own. The latter pay limited benefits to their low wage employees.

In Feb 2003 McDonald’s changed its mind. It did so very quietly almost as if the big Corporation felt ashamed and did not want us to know. We know that’s not true. Corporations are not people. Only people feel shame.

It released a cleverly worded, low impact, five-line press release at an expense of $460.00. Few noticed. Was that the idea? You decide.

In comparing the two events, one could describe the first as a Fourth of July Public Fireworks extravaganza in a big US city and the second as a 10 year old’s backyard sparkler.

“ No wonder” says Dr Seth, “many still do not know that McDonald’s broke its promise.” The Aug 16 editorial in the Washington Post is a case in point. It states and I quote “McDonald's has also moved to modify its french fry recipe to reduce, though not eliminate, the trans fat content" Not true. McDonalds itself admits says it did not, in the Legal Notice from April 2005 required by the lawsuit settlement but this highly educated editor like my friend the pathologist in my hospital many of us just remember the Sept 2002 hoopla. Ordinary Americans, specially the low income and young I believe would be even less likely to know about the broken promise of 2002.
Was this a planned corporate strategy to appear as protectors of the public’s health, to be as McDonald’s put it then, the first “national quick serve restaurant (QSR) to set a goal of eliminating TFA’s in cooking oil”? Nothing in the lawsuit website says that.

The broken promise did come about just as people were beginning to question fast food and just as the Food Drug Administration was increasingly focusing on TFA’s health consequences. Whatever may be the case, this was successful in making people comfortable with McDonald’s worldwide, reassured that indeed McDonald’s was guarding their nutrition and health.

Dr Seth says, “Life span in America is starting to drop. Millions and millions of pounds of TFA’s hidden in fast food, franchise restaurant food, school and employee cafeteria food as well as most baked goods and many other items on grocery store shelves is a major culprit.”

This broken promise indeed is unfortunate. If McDonald’s had kept its promise and taken a “major step towards the elimination of TFA’s from its cooking oil” others restaurants would have had to followed.

This settlement is inadequate in comparison to the damage done to the public who are members of the class.

The final settlement it appears would release all claims that relate in any way to the trans fatty acid levels in McDonald’s products (see Stipulation of Agreement pages 4 and 5 section 1.24 to 1.26 at tfasettlement.com in court documents). Proven TFA issues specifically cardiovascular injuries e.g. heart attacks or strokes and many other ailments are noted.

In essence is not McDonald's buying a single premium insurance policy good against all health claims related to Transfat levels in its food under any local, state or federal law? That would be quite a policy. See section 1.24 above.


Johns-Manville Company would have loved that before the asbestos caused health problems tornado hit 5 decades ago. The transfat tornado too is going to hit. McDonald's knows. It is just a matter of time. McDonald’s wants insurance. But people do not benefit from this insurance policy. The beneficiary is McDonald’s. Asbestos has cost companies billions of dollars; the Tobacco settlement was also for billions of dollars.

This settlement allows McDonald's to escape from under the Transfat cloud with a slap on the wrist.

Corporations who focus first and foremost on their own profitability ignoring costs to humanity will prosper while generations to come pay the price. Life span will indeed continue to drop.
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This settlement is not in the public interest.

I will be traveling from North Dakota to Marin County as a concerned doctor. Join me.

Tell others. TFA use does keep food cheap. No thanks!

We would rather pay now, not later.



VINOD K SETH MD FCCP,
CLINICAL PROF OF MEDICINE,
Univ of North Dakota SCHOOL OF MEDICINE,
1250 W Highland Acres Rd
BISMARCK ND 58501 701 223 4234/ 701 426 4788
Facs 701 222 0712