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 Generations to come will continue to pay with more health problems worldwide because this wise decision was quietly rescinded a few months later.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

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.