“Where’s the Beef? The Challenges of Obesity Suits”On June 17, 2013 by Schnader
Saul Wilensky and Kerry C. O’Dell authored the article “Where’s the Beef? The Challenges of Obesity Suits” that was published in Bloomberg BNA’s Product Safety & Liability Reporter 41 PSLR 736 on June 17, 2013. More than 10 years have passed since a pair of teenagers sued McDonald’s for allegedly making them obese, but the jury is still out on whether these cases will ever be successful. Noting the plaintiffs’ experts were unable to isolate McDonald’s food as the substantial cause of the teenagers’ alleged injuries, the authors say the heightened federal pleading standards in Iqbal/Twombly further protect food and beverage manufacturers from putative class actions with the same deficiencies.