Fat. Fat. Fat. Fat.
By RAYMOND SOKOLOV
July 27, 2006; Page A12
Fat-lovers all over Chicago are quivering like jelly, from their 24-inch necks to their long-lost-from-view ankles. Why? Alderman Edward M. Burke has proposed an ordinance banning restaurant chains from cooking with oils containing trans fats. Windy City high-on-the-hoggers have already been hit with an aldermanic ordinance banning foie gras in restaurants. Now this.
So begins an expose of the continued use of "gazillions of gallons" trans fats in the restaurant and fast food industry to improve shelf life of their products . Mr Sokolov fails to mention that substititutes are widely available but more expensive. And in a classic line that I hope to quote in all talks about trans fats he asks "What if arsenic also conferred profitable advantages to margarine or potato chips? Clearly we would ban its use , he states. Bravo, Raymond Sokolov that is an elegant way to put it. I wholeheartedly agree. Trans fats however are worse than arsenic because they are so ubiquitous, worldwide.
The article only mention about trans fat cardiac/cholesterol issues. Don't forget how well transfats block long chain fatty acid(LCFA) formation from dietary fatty acid sources in humans. These long chain fatty acids are the essential building blocks of the brain and trans fats in pregnant women cross into the fetus and after birth to the breast milk to reduce availbilty of these LCFA utero to the rapidly growing brain. LCFA deficits have been shown to reduce IQ in the infant.See earlier post on blog.
No mention is made of increased macular degeneration, increased gall stones, diabetes complications and increased deaths from arrythmias as well as eclampsia in late pregnancy. Its not just cholesterol and clogged arteries that are an issue.
And then as many others have done Sokolov blames fat for America's main health problems. He states "French fries, no matter what oil they bathe in are not good for your system or your weight" But that does not mean you should sprinkle them with arsenic. Fat is essential to the human diet, to the human body and to healthy nutrition. You could not become a fruitarian Mr Sokolov because you would never feel satiated. Fat in a meal satisfies us. Salads don't.
And as far as weight gain with apologies to Bill "its the (liquid)sugar stupid". Its sugar in liquid form as pop, sports drinks and even clear juices that challenge the pancreas into oversecreting insulin as the sugar is too rapidly absorbed into the blood. Also, the satiety center in the hypothalamus somehow never recognizes these rapidly absorbed calories leaving one much more hungry than an equivalent amount of dessert calories would. We end up with more total calories at each meal when we drink 300 calories of pop. At 15-18 spoons of sugar equivalent per drink these calories rapidly add up daily weekly and monthly. And unlike fat calories these sugar calories leave you hungry for more. Yes its the one two punch of trans fats and pop that has rapidly escalated our health care costs.
It is unconstitutional to ban a poison! All because it is more profitable in commerce. No that's just not common sense.
Eat the Popeye cajun chicken, eat McD french fries. But ask McD's if they could change the oil in Europe years ago why not in America?
We do matter. Our health is our bottom line!
http://online.wsj.com/article/SB115396408708218663.html?mod=todays_us_opinion
I write to share my ideas with you and learn from you as you experience life, together making our world better sharing the wisdom from our own lives and our ancestors. And in my case also my daughter who fell sick September 1 2005. Sonali's words live on - "Happy is the only way to be!"
Saturday, July 29, 2006
Thursday, July 27, 2006
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.
.
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
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.
.
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
Life Span is dropping- specially among People from India
Life Span is dropping- specially among Indians
Life span in America is dropping. We Indians are dramatically affected. Pop along with the Trans Fatty Acids hidden in fast food, franchise restaurant food, school and employee cafeteria food and many items in our grocery stores, are major culprits. They are indeed quite a one two punch straight to our gut. They attack us together, often on the same fast food or school cafeteria tray.
At issue for Indians in addition is continued use by many Bakeries, Halwais, Chatwallas (papri, alloo tikki, jalebi, mutthee, gulab jamun etc) and some restaurants including fast food restaurants such as Haldiram/s, KFC, McDonald’s among others and Pizza places of this industrially manufactured harmful food ingredient. Most New York Halwais and also Chicago and elsewhere use Vanaspati. It’s cheaper for them but we pay the price.
Transfats have been categorically proven to 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. They also increase complications in diabetic patients.
Sugars in large quantities in the vast choice of pop and similar drinks bypass our brain's appetite and satiety center; stimulate high insulin levels and abdominal fat accumulation. Each meal eaten has hundreds of added liquid calories that we drink! That and not lack of exercise is primary in our national obesity epidemic.
When eating out ask about Trans fats.
Your heart, your eyes and your baby’s brain depends on it.
And the only liquid you should drink with your meals is water. Or milk if you so desire.
Your life depends on it.
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
Life span in America is dropping. We Indians are dramatically affected. Pop along with the Trans Fatty Acids hidden in fast food, franchise restaurant food, school and employee cafeteria food and many items in our grocery stores, are major culprits. They are indeed quite a one two punch straight to our gut. They attack us together, often on the same fast food or school cafeteria tray.
At issue for Indians in addition is continued use by many Bakeries, Halwais, Chatwallas (papri, alloo tikki, jalebi, mutthee, gulab jamun etc) and some restaurants including fast food restaurants such as Haldiram/s, KFC, McDonald’s among others and Pizza places of this industrially manufactured harmful food ingredient. Most New York Halwais and also Chicago and elsewhere use Vanaspati. It’s cheaper for them but we pay the price.
Transfats have been categorically proven to 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. They also increase complications in diabetic patients.
Sugars in large quantities in the vast choice of pop and similar drinks bypass our brain's appetite and satiety center; stimulate high insulin levels and abdominal fat accumulation. Each meal eaten has hundreds of added liquid calories that we drink! That and not lack of exercise is primary in our national obesity epidemic.
When eating out ask about Trans fats.
Your heart, your eyes and your baby’s brain depends on it.
And the only liquid you should drink with your meals is water. Or milk if you so desire.
Your life depends on it.
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
McDonald’s Transfat Settlement Aug 24 2005----SUCCESS 2013 USA FDA MOVES TO BAN
McDonald’s Transfat Settlement Aug 24 2005 SUCCESS FDA MOVES FOR TOTAL BAN
We Say No. Our life span is dropping.
On August 24, 9.30 am in Room H, Marin County Superior Court in San Rafael, California a Final Fairness Hearing is scheduled in the case of BANTRANSFATS.COM and Katherine D. Fettke, and others similarly situated vs. McDonald’s Corporation. (www.tfasettlement.com)
Sept 2002, the lawsuit states, McDonald’s, in a publicity blitz, proclaimed to the world it was going to “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 and fish.
The world was impressed. McDonald’s Europe had “attained comparable levels” of TFA’s already, said the McDonald’s CEO. McDonald’s aspired to be a guardian of the public’s health as “the first national quick serve restaurant (QSR) to set a goal of eliminating TFA’s in cooking oil” and serving “the highest quality ingredients” quoting Mike Roberts, its President.
Feb 2003 McDonald’s changed its mind – quietly. Few noticed.
This lawsuit followed some months later.
Cutting Transfats (TFA’s) was “the right thing” to do. TFA’s are a public health hazard. TFA’s dramatically increase heart attacks and heart arrhythmias; impair pregnancy outcomes increasing pre-eclampsia and decreasing fetal birth weight; impact nerve health, lowering IQ in the new born and infant; damage the retina, increasing macular degeneration and blindness in the elderly and finally increase complications in diabetic patients.
NY City, last week, 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.
McDonald’s TFA delay came Feb 2003. In 30-words. Cost paid to PR Newswire - $460.00. Few noticed. Was that the idea? Or did the big Corporation feel shame and not want us to know? Unlikely. Corporations are not people. Only people feel shame.
Most still do not know that McDonald’s did not do what it promised.
Was that the idea?
You decide.
This broken promise did come at the perfect time. By 2002 people had become increasingly concerned about fast food. Food Drug Administration was focusing on TFA’s health consequences. The Sept 2002 “nutrition” and ” leadership” initiatives” blitz reassured people that McDonald’s was indeed the guardian of people’s nutrition.
I am concerned this settlement is not in the public interest. I will be traveling from North Dakota to Marin County, to testify as an individual.
Join me
Life span in America is starting to drop. I, as a doctor, am convinced that TFA’s hidden in franchise restaurant food, school and employee cafeteria food and many items in our grocery stores, are the major culprit.
Brochures and websites serve little to inform the mostly low income or young customers at QSRs’. Labels, organic chemistry smorgasbords, often do not educate even the educated. They only shift responsibility for unhealthy ingredients to the consumer.
This settlement would allow McDonald’s and others to continue to use TFA’s with impunity fattening their bottom line at the cost of people’s health.
Life span, in generations to come, will continue to drop.
TFA use allows food to be 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,
We Say No. Our life span is dropping.
On August 24, 9.30 am in Room H, Marin County Superior Court in San Rafael, California a Final Fairness Hearing is scheduled in the case of BANTRANSFATS.COM and Katherine D. Fettke, and others similarly situated vs. McDonald’s Corporation. (www.tfasettlement.com)
Sept 2002, the lawsuit states, McDonald’s, in a publicity blitz, proclaimed to the world it was going to “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 and fish.
The world was impressed. McDonald’s Europe had “attained comparable levels” of TFA’s already, said the McDonald’s CEO. McDonald’s aspired to be a guardian of the public’s health as “the first national quick serve restaurant (QSR) to set a goal of eliminating TFA’s in cooking oil” and serving “the highest quality ingredients” quoting Mike Roberts, its President.
Feb 2003 McDonald’s changed its mind – quietly. Few noticed.
This lawsuit followed some months later.
Cutting Transfats (TFA’s) was “the right thing” to do. TFA’s are a public health hazard. TFA’s dramatically increase heart attacks and heart arrhythmias; impair pregnancy outcomes increasing pre-eclampsia and decreasing fetal birth weight; impact nerve health, lowering IQ in the new born and infant; damage the retina, increasing macular degeneration and blindness in the elderly and finally increase complications in diabetic patients.
NY City, last week, 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.
McDonald’s TFA delay came Feb 2003. In 30-words. Cost paid to PR Newswire - $460.00. Few noticed. Was that the idea? Or did the big Corporation feel shame and not want us to know? Unlikely. Corporations are not people. Only people feel shame.
Most still do not know that McDonald’s did not do what it promised.
Was that the idea?
You decide.
This broken promise did come at the perfect time. By 2002 people had become increasingly concerned about fast food. Food Drug Administration was focusing on TFA’s health consequences. The Sept 2002 “nutrition” and ” leadership” initiatives” blitz reassured people that McDonald’s was indeed the guardian of people’s nutrition.
I am concerned this settlement is not in the public interest. I will be traveling from North Dakota to Marin County, to testify as an individual.
Join me
Life span in America is starting to drop. I, as a doctor, am convinced that TFA’s hidden in franchise restaurant food, school and employee cafeteria food and many items in our grocery stores, are the major culprit.
Brochures and websites serve little to inform the mostly low income or young customers at QSRs’. Labels, organic chemistry smorgasbords, often do not educate even the educated. They only shift responsibility for unhealthy ingredients to the consumer.
This settlement would allow McDonald’s and others to continue to use TFA’s with impunity fattening their bottom line at the cost of people’s health.
Life span, in generations to come, will continue to drop.
TFA use allows food to be 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,
MCDONALD’S TRANSFAT LAWSUIT Aug 2005 TESTIMONY
MCDONALD’S TRANSFAT LAWSUIT SETTLEMENT --- OBJECTION
Aug 10 2005
2nd submission
To
Clerk of the Court, Superior Court of the State of California, County of Marin,
Katherine D. Fettke v. McDonald’s Corporation. Case number CV 034828. BanTransFats.com v. McDonald’s Corporation . Case number CV 044109.
I, the undersigned hereby solemnly affirm that I am a member of the class based on the fact that I purchased or ate Chicken McNuggets®, McChicken®, Filet-O-Fish®, or Crispy Chicken sandwiches, French fries, or hash browns at a McDonald’s restaurant in the U.S. after September 3, 2002 .
I object to the settlement based on my beliefs that I have stated below
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 and 701 255 2255
I again request the opportunity to testify in court personally on this issue on Aug 24th.
Please find enclosed my testimony that I am working on and would like to present.
STATEMENT of Vinod K Seth
Trans fats are a manmade cellular poison. They serve no purpose in the human body. Trans fats (TFA) represent one of the most serious public health hazards of the modern age. Population based healthcare epidemiology has proven that those who eat transfat-laden foods are unhealthier.
New health problems continue to surface as more research is being done on TFA’s.
Ayurveda says --We are what we eat and drink. No wonder LIFESPAN IN AMERICA IS DROPPING!
At issue is continued use by McDonald’s of TFA’s after assuring us all in the words of Mike Roberts, president, McDonald's USA Sept 2002 that they were taking “a major step toward the elimination of trans fat from our (domestic) cooking oil."
McDonald’s was right in 2002 to decide to eliminate TFA’S from their foods. Healthful alternatives to TFA’s do exist. McDonald’s knows that. BUT TFA’s are cheaper. UNFORTUNATELY TFA’s cost the consumer. Generations to come will continue to pay with more health problems worldwide because this wise decision was quietly rescinded a few months later.
McDonald’s generated much publicity and fanfare for this Sept 2002 announcement. I quote from the USA Today news story---
“McDonald's, the global symbol of fast — and fatty — food, will announce today plans to cut the artery-clogging processed fat from its french fries by nearly half…if McDonald's succeeds, rivals Burger King and Wendy's would almost certainly be forced to try to follow.”
A Few months later, McDonald’s corporation changed its mind. The coverage in USA Today was all of thirty words in a non-headlined article on the left of the newspaper.
I cannot even Google it now.
Here is the original in its entirety from McDonald’s corporate website (highlight mine)
McDonald's Press Release 02/28/2003
McDonald's TFA Reduction Timeframe Extended
McDonald's today said that it plans to extend the timeframe by which it will introduce a change in cooking oil to reduce trans fatty acids (TFA’s) and saturated fats in its fried food menu. The original intent was to complete implementation by the end of February 2003. "While speedy implementation is an admirable goal, we are most focused on the satisfaction of our customers and the quality of our products," said Ralph Alvarez, McDonald's US Chief Operations Officer.
On the same day another press release from the McDonald’s website was ---
McDonald's Press Release 02/28/2003
McDonald's Brazil Issues Its First Social Report
Report Delivered First to the Chain's 36,000 Employees
The public will now be able to become familiar, in more detail, with McDonald's corporate social responsibility concept, together with the initiatives developed McDonald's Brazil. ……………………….(This was 1 page long AND the full 54-page version was also included as a 507 Kb pdf version.)
What social responsibility concept, I respectfully ask the court, was McDonald’s promoting TO ITS 36000 BRAZILIAN EMPLOYEES in this 54-page report on the same day it gave up “speedy implementation ..an admirable goal” to cut TFA’s. Some would say McDonald’s chose to deliberately mislead the people for profit.
And McDonald’s has profited. People have suffered damage to their health.
LIFESPAN IN AMERICA IS DROPPING. Is it the billions of pounds of TFA’s in our food? I believe that to be true.
Ayurveda says --We are what we eat and drink. I believe that to be true also.
WHY MCDONALD”S CHANGED ITS PLANS
Because they knew they could get away with it.
And they have, current settlement notwithstanding.
“McDonald's………....is the leading global foodservice retailer with more than 30,000 local restaurants serving nearly 50 million people in more than 119 countries each day.” corporate website McDonald’s.
The current settlement requires McDonald’s to spend $ 1.5 million to inform consumers that it did not make the change it promised. This is inadequate. It represents less than a penny per US consumer potentially mislead in those 150 days between the Sept 2002 worldwide publicity campaign and the Feb 2003 “silent” event. If we take into account worldwide consumers in those 150 days the amount per consumer would be 0.0002 cents.
Issue control by McDonald’s appears to be based on a combination of –
A) Political lobbying--“Cheeseburger Bills” in various state legislatures to shield corporate food from liability-many passed and similar Bills in Congress also.
B) Cosmetic changes e.g. Apple slices with the Happy Meal. And a Pedometer with the Happy Meal
THE CURRENT SETTLEMENT FAILS MCDONALDS CUSTOMERS
The current settlement and advertising campaign envisaged in the settlement would be inadequate for the vast majority of McDonald’s customers.
1) The American Heart Association (AHA) has never taken a leadership position on TFA’s and Coronary Heart Disease. TFA’s also cause other problems besides those heart related e.g. proven slowing of fetal and infant development, arthritis and inflammatory diseases, aging related macular degeneration, pre-eclampsia, gallstones, increased severity of Diabetes mellitus complications among others. The importance and education of consumers about these non-heart related issues would be minimized if the settlement were given to the AHA.
The AHA cannot reach the population most uninformed about McDonald’s and TFA’s.
2) TFA levels in McDonald’s food. Claims of TFA reductions in the Legal notice required of McDonald’s in the settlement that is included in the current case court documents are vague about the actual and absolute reduction in TFA content.. This is unhelpful for an informed decision about daily trans fat intake. This information is critical. Tommy Thompson, the Secretary of HHS, has recently said at a news conference on the FDA food Guidelines that “ the FDA may recommend that daily intake of trans fat be less than 2 grams, perhaps less than 1 gram”.
Vague statements by McDonald’s about TFA reductions continue this pattern of misinformation and do not give consumers the information needed to make a healthy informed choice.
3) More lower income people eat at McDonald’s type restaurants. More children and young men and women eat there. 7% of all people in USA eat McDonald’s food. 50 million people worldwide eat it daily. Awareness of TFA related health problems is better in higher income groups. This has been clearly shown in industry marketing surveys.
Education of lower income consumers and young people about trans fats thus has to be a high priority.
THIS CURRENT SETTLEMENT TOTALLY FAILS IN THIS REGARD.
The AHA cannot reach the population most uninformed about McDonald’s and TFA’s – especially the lower income and the young.
A SIMPLE SOLUTION :
SIMPLE POINT OF SALE INFORMATION
Currently McDonald’s nutrition information is hidden in plain view in a complex brochure in the restaurant and on the website. I found both sources impossible to get any meaningful information from.
Maybe that’s because I am a doctor from India.
I do believe most of McDonald’s customers would also find it a daunting task.
Fast food restaurants need to provide easily understood information, FAST.
People want everything fast specially the younger and lower income customers who are the majority of McDonald’s and other fast food eaters.
I would respectfully ask that we simply PUT SIMPLE INFORMATION
ON THE MENU AND
ON EACH TABLE AND
AT THE PAYMENT AREA
AS WELL AS ON THE ENTRANCE DOOR
It would not be undue hardship on McDonalds and likely could be done for a smaller $$ amount than the current settlement envisages.
POINT OF SALE INFORMATION WOULD CONSIST OF
A)“Trans Fat Used Here” sign easily visible above the menu and food sale area, and on the entrance door to the restaurant.
B) A scientific “Trans Fat Fact Sheet” listing well known health problems due to TFA’s and the TFA content per serving of the 10 most sold food items should be placed next to the condiment/silverware table clearly legible from at least 5 feet away in each restaurant.
C) A SMALLER SIZE same content framed scientific “Trans Fat Fact Sheet” listing well known health problems due to TFA’s and the TFA content per serving of the ONLY 10 most sold food items should be placed ON EACH EATING TABLE.
D) A complete list of the type currently found listing all ingredients could continue to be available as at present.
A, B and C can be removed once McDonald’s makes the change promised in Sept 2002.
An urban school based and neighborhood organizing based campaign is needed if this point of sale approach is denied or substantially modified.
SUMMARY
The current settlement could possibly send the message to the purveyors of TFA’s that they could continue to profit from the use of this cheap but unhealthy product.
Restaurants and other food service establishments account for about 38% of the fats in our food supply.
Focusing first and foremost on profitability means that decisions are explicitly based on consideration of a corporation's own costs and revenues, while costs and benefits to society are largely ignored.
McDonald’s highly publicized decision to remove TFA’s created a buzz in the restaurant industry to take out TFA also. As USA Today put it in its news story about McDonald’s TFA reduction Sept 2002 “….if McDonald's succeeds, rivals Burger King and Wendy's would almost certainly be forced to try to follow.”
This buzz was short-lived, as McDonald’s changed its plans.
The simple measures above could correct the TFA misinformation widespread especially among lower income and younger people who are the majority of McDonald’s customers.
This simple solution is respectfully offered so that people can understand fast food is cheap because it is unhealthy. It would not be undue hardship on McDonald’s.
As a Doctor committed to people’s health I firmly believe, any hours I spend on a TFA issues would impact many more of my fellow beings than all the hours I have spent in over 30 years of caring for the critically ill in Intensive Care Units in St Louis and Bismarck.
My grandmother first impressed on me about this issue. As I sat in her kitchen in Haridwar as a 16 year old while she made me a desi ghee parantha she said “ Son, anything that doesn’t melt in the 104 degree F heat of the Jaipur summer cannot be good for you.”
She was right..
McDonald’s reminded me.
Thanks.
Respectfully submitted
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
Aug 10 2005
2nd submission
To
Clerk of the Court, Superior Court of the State of California, County of Marin,
Katherine D. Fettke v. McDonald’s Corporation. Case number CV 034828. BanTransFats.com v. McDonald’s Corporation . Case number CV 044109.
I, the undersigned hereby solemnly affirm that I am a member of the class based on the fact that I purchased or ate Chicken McNuggets®, McChicken®, Filet-O-Fish®, or Crispy Chicken sandwiches, French fries, or hash browns at a McDonald’s restaurant in the U.S. after September 3, 2002 .
I object to the settlement based on my beliefs that I have stated below
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 and 701 255 2255
I again request the opportunity to testify in court personally on this issue on Aug 24th.
Please find enclosed my testimony that I am working on and would like to present.
STATEMENT of Vinod K Seth
Trans fats are a manmade cellular poison. They serve no purpose in the human body. Trans fats (TFA) represent one of the most serious public health hazards of the modern age. Population based healthcare epidemiology has proven that those who eat transfat-laden foods are unhealthier.
New health problems continue to surface as more research is being done on TFA’s.
Ayurveda says --We are what we eat and drink. No wonder LIFESPAN IN AMERICA IS DROPPING!
At issue is continued use by McDonald’s of TFA’s after assuring us all in the words of Mike Roberts, president, McDonald's USA Sept 2002 that they were taking “a major step toward the elimination of trans fat from our (domestic) cooking oil."
McDonald’s was right in 2002 to decide to eliminate TFA’S from their foods. Healthful alternatives to TFA’s do exist. McDonald’s knows that. BUT TFA’s are cheaper. UNFORTUNATELY TFA’s cost the consumer. Generations to come will continue to pay with more health problems worldwide because this wise decision was quietly rescinded a few months later.
McDonald’s generated much publicity and fanfare for this Sept 2002 announcement. I quote from the USA Today news story---
“McDonald's, the global symbol of fast — and fatty — food, will announce today plans to cut the artery-clogging processed fat from its french fries by nearly half…if McDonald's succeeds, rivals Burger King and Wendy's would almost certainly be forced to try to follow.”
A Few months later, McDonald’s corporation changed its mind. The coverage in USA Today was all of thirty words in a non-headlined article on the left of the newspaper.
I cannot even Google it now.
Here is the original in its entirety from McDonald’s corporate website (highlight mine)
McDonald's Press Release 02/28/2003
McDonald's TFA Reduction Timeframe Extended
McDonald's today said that it plans to extend the timeframe by which it will introduce a change in cooking oil to reduce trans fatty acids (TFA’s) and saturated fats in its fried food menu. The original intent was to complete implementation by the end of February 2003. "While speedy implementation is an admirable goal, we are most focused on the satisfaction of our customers and the quality of our products," said Ralph Alvarez, McDonald's US Chief Operations Officer.
On the same day another press release from the McDonald’s website was ---
McDonald's Press Release 02/28/2003
McDonald's Brazil Issues Its First Social Report
Report Delivered First to the Chain's 36,000 Employees
The public will now be able to become familiar, in more detail, with McDonald's corporate social responsibility concept, together with the initiatives developed McDonald's Brazil. ……………………….(This was 1 page long AND the full 54-page version was also included as a 507 Kb pdf version.)
What social responsibility concept, I respectfully ask the court, was McDonald’s promoting TO ITS 36000 BRAZILIAN EMPLOYEES in this 54-page report on the same day it gave up “speedy implementation ..an admirable goal” to cut TFA’s. Some would say McDonald’s chose to deliberately mislead the people for profit.
And McDonald’s has profited. People have suffered damage to their health.
LIFESPAN IN AMERICA IS DROPPING. Is it the billions of pounds of TFA’s in our food? I believe that to be true.
Ayurveda says --We are what we eat and drink. I believe that to be true also.
WHY MCDONALD”S CHANGED ITS PLANS
Because they knew they could get away with it.
And they have, current settlement notwithstanding.
“McDonald's………....is the leading global foodservice retailer with more than 30,000 local restaurants serving nearly 50 million people in more than 119 countries each day.” corporate website McDonald’s.
The current settlement requires McDonald’s to spend $ 1.5 million to inform consumers that it did not make the change it promised. This is inadequate. It represents less than a penny per US consumer potentially mislead in those 150 days between the Sept 2002 worldwide publicity campaign and the Feb 2003 “silent” event. If we take into account worldwide consumers in those 150 days the amount per consumer would be 0.0002 cents.
Issue control by McDonald’s appears to be based on a combination of –
A) Political lobbying--“Cheeseburger Bills” in various state legislatures to shield corporate food from liability-many passed and similar Bills in Congress also.
B) Cosmetic changes e.g. Apple slices with the Happy Meal. And a Pedometer with the Happy Meal
THE CURRENT SETTLEMENT FAILS MCDONALDS CUSTOMERS
The current settlement and advertising campaign envisaged in the settlement would be inadequate for the vast majority of McDonald’s customers.
1) The American Heart Association (AHA) has never taken a leadership position on TFA’s and Coronary Heart Disease. TFA’s also cause other problems besides those heart related e.g. proven slowing of fetal and infant development, arthritis and inflammatory diseases, aging related macular degeneration, pre-eclampsia, gallstones, increased severity of Diabetes mellitus complications among others. The importance and education of consumers about these non-heart related issues would be minimized if the settlement were given to the AHA.
The AHA cannot reach the population most uninformed about McDonald’s and TFA’s.
2) TFA levels in McDonald’s food. Claims of TFA reductions in the Legal notice required of McDonald’s in the settlement that is included in the current case court documents are vague about the actual and absolute reduction in TFA content.. This is unhelpful for an informed decision about daily trans fat intake. This information is critical. Tommy Thompson, the Secretary of HHS, has recently said at a news conference on the FDA food Guidelines that “ the FDA may recommend that daily intake of trans fat be less than 2 grams, perhaps less than 1 gram”.
Vague statements by McDonald’s about TFA reductions continue this pattern of misinformation and do not give consumers the information needed to make a healthy informed choice.
3) More lower income people eat at McDonald’s type restaurants. More children and young men and women eat there. 7% of all people in USA eat McDonald’s food. 50 million people worldwide eat it daily. Awareness of TFA related health problems is better in higher income groups. This has been clearly shown in industry marketing surveys.
Education of lower income consumers and young people about trans fats thus has to be a high priority.
THIS CURRENT SETTLEMENT TOTALLY FAILS IN THIS REGARD.
The AHA cannot reach the population most uninformed about McDonald’s and TFA’s – especially the lower income and the young.
A SIMPLE SOLUTION :
SIMPLE POINT OF SALE INFORMATION
Currently McDonald’s nutrition information is hidden in plain view in a complex brochure in the restaurant and on the website. I found both sources impossible to get any meaningful information from.
Maybe that’s because I am a doctor from India.
I do believe most of McDonald’s customers would also find it a daunting task.
Fast food restaurants need to provide easily understood information, FAST.
People want everything fast specially the younger and lower income customers who are the majority of McDonald’s and other fast food eaters.
I would respectfully ask that we simply PUT SIMPLE INFORMATION
ON THE MENU AND
ON EACH TABLE AND
AT THE PAYMENT AREA
AS WELL AS ON THE ENTRANCE DOOR
It would not be undue hardship on McDonalds and likely could be done for a smaller $$ amount than the current settlement envisages.
POINT OF SALE INFORMATION WOULD CONSIST OF
A)“Trans Fat Used Here” sign easily visible above the menu and food sale area, and on the entrance door to the restaurant.
B) A scientific “Trans Fat Fact Sheet” listing well known health problems due to TFA’s and the TFA content per serving of the 10 most sold food items should be placed next to the condiment/silverware table clearly legible from at least 5 feet away in each restaurant.
C) A SMALLER SIZE same content framed scientific “Trans Fat Fact Sheet” listing well known health problems due to TFA’s and the TFA content per serving of the ONLY 10 most sold food items should be placed ON EACH EATING TABLE.
D) A complete list of the type currently found listing all ingredients could continue to be available as at present.
A, B and C can be removed once McDonald’s makes the change promised in Sept 2002.
An urban school based and neighborhood organizing based campaign is needed if this point of sale approach is denied or substantially modified.
SUMMARY
The current settlement could possibly send the message to the purveyors of TFA’s that they could continue to profit from the use of this cheap but unhealthy product.
Restaurants and other food service establishments account for about 38% of the fats in our food supply.
Focusing first and foremost on profitability means that decisions are explicitly based on consideration of a corporation's own costs and revenues, while costs and benefits to society are largely ignored.
McDonald’s highly publicized decision to remove TFA’s created a buzz in the restaurant industry to take out TFA also. As USA Today put it in its news story about McDonald’s TFA reduction Sept 2002 “….if McDonald's succeeds, rivals Burger King and Wendy's would almost certainly be forced to try to follow.”
This buzz was short-lived, as McDonald’s changed its plans.
The simple measures above could correct the TFA misinformation widespread especially among lower income and younger people who are the majority of McDonald’s customers.
This simple solution is respectfully offered so that people can understand fast food is cheap because it is unhealthy. It would not be undue hardship on McDonald’s.
As a Doctor committed to people’s health I firmly believe, any hours I spend on a TFA issues would impact many more of my fellow beings than all the hours I have spent in over 30 years of caring for the critically ill in Intensive Care Units in St Louis and Bismarck.
My grandmother first impressed on me about this issue. As I sat in her kitchen in Haridwar as a 16 year old while she made me a desi ghee parantha she said “ Son, anything that doesn’t melt in the 104 degree F heat of the Jaipur summer cannot be good for you.”
She was right..
McDonald’s reminded me.
Thanks.
Respectfully submitted
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
The McDonald Class Action Law Suit Aug 2005 #5
Vinod K Seth, Physician,
1250 West Highland Acres Rd
Bismarck ND 58501
Tel 701 426 4788/Facs: 701 222-0712 and 255-2255
IN THE SUPERIOR COURT OF STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF MARIN
Katherine D. Fettke v. McDonald’s Corporation. Case number CV 044109.
BanTransFats.com v. McDonald’s Corporation. Case number CV034828.
REQUEST FOR RELIEF FROM WRONG AND MISLEADING DEADLINE FOR THE FILING OF CLASS MEMBER OBJECTIONS AND REQUEST TO POSTPONE FINAL FAIRNESS HEARING:
Honorable Judge John A Sutro Jr.,
On June 10 2005 as a private citizen and Class Member I forwarded a notarized affidavit setting forth my preliminary Objections to a proposed settlement in Cases number CV 034828 and CV 044109. I understand this proposed settlement was presented to the Court in accord with the terms of a stipulation and agreement between the parties dated January 31, 2005. It is my further understanding that this Court entered an Order dated February 9, 2005 that was based on the settlement agreement that had been entered into between the parties. I believe that in that Order the settlement agreement was preliminarily approved, as was permission to give Notice of Proposed Settlement and to give Notice to Class Action members and the setting of a Final Fairness Hearing.
In my early June 2005 Statement of Objection I requested permission to personally appear at the Final Fairness Hearing. In preparing for this upcoming hearing I have recently reviewed for the first time, the February 9, 2005 Order and find that it clearly states on page 2 (encl-1) lines 20 and 21 that the deadline for filing Objections would be “twenty days before the hearing date”. On line 8, of that same page the hearing date is noted as Aug 24, 2005. A Supplemental Order by the Court dated Feb 14 set a date of July 1 but only for those class members who request EXCLUSION (lines 4 and 5 page 1 of Feb 14 Order)
It appears to me that the parties have ignored the February 9 Order and have attempted to impose an earlier date for the filing of objections, that being July 1, 2005 and not the 20 days before the August 24 hearing that is clearly specified in your February 9 Order for class members seeking to object.
Since mid May, I have had a hectic schedule. In the last week of May, two of my daughters graduated, one from Johns Hopkins on May 25 and the other from Bismarck High School on May 30. Both events took up much personal time. Then on June 11, I left on a pre scheduled one-month trip to Africa and India. In anticipation of these absences I had to perform many details within my medical practice so that my patients would have proper care while I was gone.
I prepared and filed my affidavit of objections in early June of 2005. I tried to set forth my objections to the settlement. I requested an opportunity to be present at the Final Fairness Hearing in August. I had received notice (Encl-2) that any objections had to be filed by July 1, 2005. This was contrary to the Feb 9 Order of the Court. In the rush of my family activities, my long arranged travel abroad, my professional responsibilities and other stresses I found that if I was to meet a July 1, 2005 deadline, all I could do was dash off some objections in great haste before I left the US June 11. My filing was prepared without benefit of Counsel. It was not the most thorough or articulate set of objections that I might have filed. At best I hoped it sufficiently set forth a general outline of my concerns with the settlement. I had no time to develop objections to the Attorney Fees question.
The incorrect July 1 deadline that was promoted to me forced me to work under great pressure. This created great hardship for me. I was never able to develop my Objections to their fullest. This was especially true as they pertain to the settlement’s failing to address the needs of low-income and young people. It is they who are the least informed and also have the greatest need to be concerned about Transfat issues. As a doctor I have been concerned for many years about Transfats hidden in school and employee cafeteria food as well as in franchise and fast food restaurants.
I feel I was mislead and denied the time I needed to fully research and develop the Objections and to properly present the Objections that needed to be made.
I do not know why Plaintiffs and McDonald’s Corporation did not follow the explicit instructions set out by the Court in its Order of Feb 9th. With the resources each of these parties had at its command the dissemination of misinformation concerning filing deadlines should not be excused. As a person who feels harmed by their mistake I ask leave of the Court to accept and file a new affidavit of Objections. I have attached to this letter a draft that I have been working on for the Courts convenience of review.
The settlement in the above cases is not in the public interest, the settlement is not fair, the settlement is not reasonable and the settlement is not adequate. I object to any approval of it by this Court as a focus primarily on heart related problems would minimize the myriad other health problems of this artificial, unsafe, unnecessary and cheap ingredient used globally.
I request an opportunity to express my concerns in more detail at a Final Fairness Hearing.
I ask that settlement negotiations be continued to a later date and that in fairness to the public a new deadline for a Final Fairness Hearing be established.
I want to assure the Court that I am doing this solely in my capacity as a private citizen concerned about the public good. As a physician who has done considerable study on the subject I am very concerned about the affect increased use of transfats is having on human life spans in the US and am convinced this trend is attributable significantly to the partially hydrogenated oils hidden in foods advertised and sold by McDonald’s and others.
Dated Aug 10, 2005
VINOD K SETH
1250 West Highland Acres Rd
Bismarck ND 58501
Tel 701 426 4788/Facs: 701 222-0712 and 255-2255
IN THE SUPERIOR COURT OF STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF MARIN
Katherine D. Fettke v. McDonald’s Corporation. Case number CV 044109.
BanTransFats.com v. McDonald’s Corporation. Case number CV034828.
REQUEST FOR RELIEF FROM WRONG AND MISLEADING DEADLINE FOR THE FILING OF CLASS MEMBER OBJECTIONS AND REQUEST TO POSTPONE FINAL FAIRNESS HEARING:
Honorable Judge John A Sutro Jr.,
On June 10 2005 as a private citizen and Class Member I forwarded a notarized affidavit setting forth my preliminary Objections to a proposed settlement in Cases number CV 034828 and CV 044109. I understand this proposed settlement was presented to the Court in accord with the terms of a stipulation and agreement between the parties dated January 31, 2005. It is my further understanding that this Court entered an Order dated February 9, 2005 that was based on the settlement agreement that had been entered into between the parties. I believe that in that Order the settlement agreement was preliminarily approved, as was permission to give Notice of Proposed Settlement and to give Notice to Class Action members and the setting of a Final Fairness Hearing.
In my early June 2005 Statement of Objection I requested permission to personally appear at the Final Fairness Hearing. In preparing for this upcoming hearing I have recently reviewed for the first time, the February 9, 2005 Order and find that it clearly states on page 2 (encl-1) lines 20 and 21 that the deadline for filing Objections would be “twenty days before the hearing date”. On line 8, of that same page the hearing date is noted as Aug 24, 2005. A Supplemental Order by the Court dated Feb 14 set a date of July 1 but only for those class members who request EXCLUSION (lines 4 and 5 page 1 of Feb 14 Order)
It appears to me that the parties have ignored the February 9 Order and have attempted to impose an earlier date for the filing of objections, that being July 1, 2005 and not the 20 days before the August 24 hearing that is clearly specified in your February 9 Order for class members seeking to object.
Since mid May, I have had a hectic schedule. In the last week of May, two of my daughters graduated, one from Johns Hopkins on May 25 and the other from Bismarck High School on May 30. Both events took up much personal time. Then on June 11, I left on a pre scheduled one-month trip to Africa and India. In anticipation of these absences I had to perform many details within my medical practice so that my patients would have proper care while I was gone.
I prepared and filed my affidavit of objections in early June of 2005. I tried to set forth my objections to the settlement. I requested an opportunity to be present at the Final Fairness Hearing in August. I had received notice (Encl-2) that any objections had to be filed by July 1, 2005. This was contrary to the Feb 9 Order of the Court. In the rush of my family activities, my long arranged travel abroad, my professional responsibilities and other stresses I found that if I was to meet a July 1, 2005 deadline, all I could do was dash off some objections in great haste before I left the US June 11. My filing was prepared without benefit of Counsel. It was not the most thorough or articulate set of objections that I might have filed. At best I hoped it sufficiently set forth a general outline of my concerns with the settlement. I had no time to develop objections to the Attorney Fees question.
The incorrect July 1 deadline that was promoted to me forced me to work under great pressure. This created great hardship for me. I was never able to develop my Objections to their fullest. This was especially true as they pertain to the settlement’s failing to address the needs of low-income and young people. It is they who are the least informed and also have the greatest need to be concerned about Transfat issues. As a doctor I have been concerned for many years about Transfats hidden in school and employee cafeteria food as well as in franchise and fast food restaurants.
I feel I was mislead and denied the time I needed to fully research and develop the Objections and to properly present the Objections that needed to be made.
I do not know why Plaintiffs and McDonald’s Corporation did not follow the explicit instructions set out by the Court in its Order of Feb 9th. With the resources each of these parties had at its command the dissemination of misinformation concerning filing deadlines should not be excused. As a person who feels harmed by their mistake I ask leave of the Court to accept and file a new affidavit of Objections. I have attached to this letter a draft that I have been working on for the Courts convenience of review.
The settlement in the above cases is not in the public interest, the settlement is not fair, the settlement is not reasonable and the settlement is not adequate. I object to any approval of it by this Court as a focus primarily on heart related problems would minimize the myriad other health problems of this artificial, unsafe, unnecessary and cheap ingredient used globally.
I request an opportunity to express my concerns in more detail at a Final Fairness Hearing.
I ask that settlement negotiations be continued to a later date and that in fairness to the public a new deadline for a Final Fairness Hearing be established.
I want to assure the Court that I am doing this solely in my capacity as a private citizen concerned about the public good. As a physician who has done considerable study on the subject I am very concerned about the affect increased use of transfats is having on human life spans in the US and am convinced this trend is attributable significantly to the partially hydrogenated oils hidden in foods advertised and sold by McDonald’s and others.
Dated Aug 10, 2005
VINOD K SETH
Parag Kumar MD FAAP--It Takes a village to solve our kids health problems.
The phrase "It takes a village to raise a child," does apply to our children's health.
It's going to take the family, the school, the village, the city, the state, the federal government and every business to really solve the childhood health and obesity problems.
Mom and dad cannot do it alone. The kids certainly cannot do it alone.
Parag Kumar MD FAAP
Associate Prof UND
MedCenter 1 Pediatrician
It's going to take the family, the school, the village, the city, the state, the federal government and every business to really solve the childhood health and obesity problems.
Mom and dad cannot do it alone. The kids certainly cannot do it alone.
Parag Kumar MD FAAP
Associate Prof UND
MedCenter 1 Pediatrician
Washington Post Letter Aug 27 2005
Hold the (Trans) Fat
Saturday, August 27, 2005; Page A16
The Aug. 16 editorial "Trans Fat Nation" said "McDonald's has also moved to modify its French fry recipe to reduce, though not eliminate, the trans fat content." This is false.
In September 2002 McDonald's, in a publicity blitz, proclaimed that it was taking a "major step" toward eliminating trans fats from the oil it uses for french fries, hash browns, chicken and fish. It promised to complete the change by early 2003. But in February 2003 McDonald's changed its mind -- quietly -- in a 30-word news release that went almost unnoticed, as the editorial showed.
The life span of Americans is dropping. As a doctor, I'm convinced that trans fats in franchise restaurant food, school and employee cafeteria food, and many items in grocery stores are the major culprit.
Brochures and Web sites and labels often do not educate even the educated. They only shift responsibility for unhealthy ingredients to consumers.
Education isn't enough. Trans fats should be treated like lead, asbestos or smoking. They are truly more lethal because millions upon millions consume them.
VINOD K. SETH
Bismarck, N.D.
Saturday, August 27, 2005; Page A16
The Aug. 16 editorial "Trans Fat Nation" said "McDonald's has also moved to modify its French fry recipe to reduce, though not eliminate, the trans fat content." This is false.
In September 2002 McDonald's, in a publicity blitz, proclaimed that it was taking a "major step" toward eliminating trans fats from the oil it uses for french fries, hash browns, chicken and fish. It promised to complete the change by early 2003. But in February 2003 McDonald's changed its mind -- quietly -- in a 30-word news release that went almost unnoticed, as the editorial showed.
The life span of Americans is dropping. As a doctor, I'm convinced that trans fats in franchise restaurant food, school and employee cafeteria food, and many items in grocery stores are the major culprit.
Brochures and Web sites and labels often do not educate even the educated. They only shift responsibility for unhealthy ingredients to consumers.
Education isn't enough. Trans fats should be treated like lead, asbestos or smoking. They are truly more lethal because millions upon millions consume them.
VINOD K. SETH
Bismarck, N.D.
Life span drop posted 2005 confirmed
Life Span is dropping.
I first said this in 2005.
In November 2019 a study analyzing 50 years worth of mortality data clearly showed increasing death rates in ALL races between 25 to 44 years of age and a decreasing lifespan in America.
Compared to other wealthy nations this decrease began years ago. Some of us just saw it coming before others. I tried to tell the world both in my writing and also spending own money to go to Marin county courthouse in California to fight McDonald’s trans fat settlement in 2005 August.
And then Sonali fell sick September 1, 2005. My whole life was turned upside down and I dropped this whole fight against trans fats and soda. She died in 2012.
Life span in America is dropping. Pop caused obesity and the Trans Fatty Acids hidden in fast food and franchise restaurant food, school and employee cafeteria food and many items in our grocery stores, are a one-two knockout punch.
Transfats have been categorically proven to 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. They also increase complications in diabetic patients of all ages.
Sugars in the large quantities in drinks and juices bypass the brains appetite center, stimulate high insulin levels and abdominal fat accumulation. Each meal eaten has hundreds of added liquid calories that we drink! That, not lack of exercise is resulting in our national obesity epidemic.
When eating out ask about Trans fats.
Your heart, your eyes and your baby’s brain depends on it.
And the only liquid you should drink with your meals is water. Or milk if you so desire.
Your life depends on it.
Nothing liberal or conservative about banning trans fats.
Vinod Seth wrote on July 27, 2006 11:22 AM:"I sure stirred up a hornet's nest. Trans Fats eaten by mom reduce IQ of the newborn- they reduce long chain fatty acid (LCFA) synthesis. LCFA are building blocks of the brain. Trans fats increase macular degenaration - a major cause of blindness in the elderly. Trans fats increase sudden death from arrythmias. Trans fats increase gall stones. THAT'S WHY TRANS FATS ARE CHEAP. THAT'S WHY THEY USE THEM! We can choose not to eat them- but they are hidden in restaurant food. Yes you can go to the McD website and 30 mins later know what not to eat or flip over their tray liner after you get done eating and you will find the info thru the stained paper.Maybe. First--Let us not equate eating trans fats with freedom. No one is banning fast,franchise food! eat all you want. Second --There is nothing liberal or conservative about banning trans fats. Only KFC, McDonald's et al stockholders are laughing all the way to the bank using cheap trans fats. Third--many substitutes for trans fats are available. they taste the same. They cost more.McDonald's in Europe is trans fat free. We in USA matter. Tell McDonald's that and your friends. Fourth--Health matters-health is not hilarious. Health is wealth.Ask GM -- health care costs are the single biggest part of a new vehicle's cost. Fast and franchise food is cheap up front but we pay with our rising health care premiums our worse health than the british at all age and income levels. Fifth--Attention to the common good is what makes us civilized.That is why we drive on the right side of the road, that is why we have red lights, that is why construction work does not start before 7 am, that is why as all of us have had near misses on the road with cell phone talking drivers it is for the common good to limit that. That is what good government is for. To protect our freedoms from those who would steal them for profit. And what is the ultimate freedom for all be they liberal or be they conservative. if not freedom from ill health, disability and death. "
Trans fats hurt Big Business
The impact of cheap fast food on all businesses is worth emphasizing. I had it in my letter today////The extra profits that fast food companies make from use of cheaper and unhealthy ingredients hurts the bottom lines of MDU, of Basin, of our state govt, our school district, our Hospitals and all local and national businesses that pay health insurance for their employees. ////Unhealthy insureds cost all of us more in unaffordable health insurance. ////Its time non-food&sugary-drink big businesses understood that they are subsidizing the bottom line of the McD's of the world!//////
ALSO As Henry Ford understood and acted upon only well paid employees can buy Ford products. Walmart,McD,and the franchise food industry are the biggest proponents of a stagnant minimum wage.
ALSO As Henry Ford understood and acted upon only well paid employees can buy Ford products. Walmart,McD,and the franchise food industry are the biggest proponents of a stagnant minimum wage.
Subscribe to:
Posts (Atom)
TURMERIC AND WOUND HEALING PART 2 - PHYSIOLOGY OF WOUND HEALING S AND TURMERIC & WOUND HEALING
Basic Science research on turmeric has mistakenly (?) focused on Curcurmin as the presumed active ingredient of turmeric. That focus was li...
-
Basic Science research on turmeric has mistakenly (?) focused on Curcurmin as the presumed active ingredient of turmeric. That focus was li...
-
My patient was a Native American. "I have been fasting and praying for 2 days" he told me that first day of June, when I walked i... -
Impact of adolescent overweight on adult mortality Published: Sunday, 6-Aug-2006 BEING OVERWEIGHT AT 18 PREDICTS INCREASED MORTALITY AND HEA...