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

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

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.

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.

Have a smart baby! Eat no trans fats- lower IQ

Trans fats lower baby's IQ. True, absolutely. Read on to understand why we should not let corporations make profits at the cost of your babies intelligence.

Our brains are mostly fats. Most of the fat in the brain is in the form of long chain fatty acids.
These long chain fatty acids are in breast milk as well as more expensive bay formula in the form of DHA and AA.
Long chain fatty acids are synthesized in the body from short chain fatty acids in our foods. Oils, nuts, meats, and dairy are the primary source of the various fatty acids in our diet. Our body can synthesize these long chain fatty acids which are the building blocks of the brain. The process is similar to making a long railroad train by connecting the individual boxcars with links.
So what do trans fats do? They BLOCK the enzyme the body uses to make these links. I mean if God were to make a specific compound to block this long chain fatty acid making process it would be trans fats. Trans fats are so similar to the real thing that they totally confuse the process.

Fetal Cord blood measurement of fatty acid composition at birth have shown an inverse relation between trans fat levels and DHA levels in the blood. Please read this study-- http://www.ajcn.org/cgi/content/abstract/74/3/364

Also a study published in Nature compared cognitive function in infants breast fed. vs formula with LCFA vs formula without LCFA added. Cognitive function was clearly lowest in the third group.
Visual development issues are important too as the retina is struturally neural tissue.

Uauy, R., D. R. Hoffman, et al. (2003). "Term infant studies of DHA and ARA supplementation on neurodevelopment: results of randomized controlled trials." J Pediatr 143(4 Suppl): S17-25.

Healthy term infants who are not breast-fed may need long-chain polyunsaturated fatty acids (LCPUFA) in their feeding, based on the changes in plasma and tissue fatty composition. However, consistent functional effects across different studies conducted over the past two decades has been more difficult to document. The interpretation of these data has scientific and public interest with the introduction of LCPUFA supplemented formula. There are 14 controlled trials in term infants that have included formula feeding with or without LCPUFA and functional assessment of visual and other measures of neural development; in addition, 7 have evaluated specific measures related to cognitive development. We chose to examine the effect of DHA dose provided daily on the development of visual acuity to explain the differences in visual acuity responses across randomized studies. A "meta-regression" was performed with the use of a DHA effective dose as the independent variable and visual acuity at 4 months as the dependent variable. Since the two main dietary determinants of DHA status are the LNA provided and the preformed DHA consumed, we defined DHA equivalent dose across studies by assuming a 1%, 5%, and 10% conversion of LNA to DHA. Results indicate a strong and significant effect of DHA equivalent dose on magnitude of the visual acuity response at all conversions tested; greatest significance was found when using a 10% bioequivalency (r(2)=0.68, and P=.001). We conclude that there is a significant relation between the total DHA equivalents provided and effectiveness as defined by visual acuity measurements at 4 months of age.

SO MOMS--NO FAST FOOD AND FRANCHISE FOOD IN PREGNANCY AND LACTATION FOR THE MOM. WATCH THE LABELS FOR HYDROGENATED OILS. EAT SIMPLY.

More later. Have a smart baby!

Vinod