A Reporter's Life


Oreo lawsuit

A San Francisco (yes, that part fits) lawyer is suing Nabisco in an attempt to force the company to stop selling Oreo cookies to children. Absurd, yes. Stupid, maybe not.

The argument is that "trans fat," made of partially hydrogenated oil, is more dangerous than people realize. According to the article, studies are showing that it's in about 40 percent of the food in American grocery stores and is linked to heart disease and blocked arteries.

The most interesting part about this case is the attorney's reasoning for the suit. He says it's different than cases like the ones where fat people sue McDonald's for contributing to their obesity. Under California law, companies aren't liable for products that are commonly known to be unhealthy -- like cigarettes. But, the attorney says, people don't know about trans fat, so they don't know that it's dangerous.

The other difference between this and the McDonald's and tobacco suits is that, so far, this attorney isn't seeking a landmark-sized settlement. He's going after these "trans fats," and has even started a nonprofit organization called Ban Trans Fats. At least he's currently got a few more scruples than some other lawsuit-happy citizens in this country.

Posted by Layla at 9:09 AM, May 12, 2003

— Comments —



Update, now that I've browsed the BanTransFats.com Web site a bit: In the second-to-last paragraph on this page, it says that Frito-Lay is going to completely eliminate trans fats from Doritos, Tostitos and Cheetos.

This means that I can now eat Doritos and reason that I'm doing a good thing by supporting a company that is trying to save the health of Americans. I like this idea.

Posted by: Layla at 9:19 AM, May 12, 2003


I must weigh in on this ... why should America, at large, care what you put in your mouth? Seriously, it's kind of like the tabacco companies. If I want to inhale poison into my lungs (I don't) and shove trans fat into my mouth (occasionally, I do), and it causes me an early death, then that's my business! Maybe I'm a little off the topic, but I feel better now!

Posted by: jpb at 12:06 PM, May 12, 2003


"But, the attorney says, people don't know about trans fat, so they don't know that it's dangerous."

But I think people are aware that foods that contain trans-fats, like potato chips and cookies, aren't healthy. I'm not entirely certain that it's relevant whether or not they know it's trans-fats that make those foods unhealthy...I think the general consensus is that Oreos aren't exactly health food.

That said, if these trans-fats are indeed all that dangerous, and can be replaced without detracting from the product, then go for it. But I'm still the sort of person that doesn't care too much if a food's bad for me, so long as it tastes good. I'll police myself.

*SHRUG*

Posted by: TOM at 1:11 PM, May 12, 2003


Don't ruin the good foods by removing the good/bad stuff. The original is almost always better. In fact, I'm shooting trans fats straight into my system right now by IV tube.

Posted by: Ferrick at 2:16 PM, May 12, 2003


I'd say the difference between something like this and tobacco smoke is that I don't have to breathe in your Oreo filling when you eat them in public near me, but I DO have to breathe in the smoke when the wind is right, unless I move away, which I shouldn't have to do just because of someone else's dangerous habit. That makes it my business.

This is absurd, though. What, are they going to card you for cookies, now? Really, it's not like kids are running around buying huge bags of Oreos or whatever - their PARENTS generally buy them. The problem isn't Oreos, the problem is that Americans eat a lot of bad food, and I'm not sure that should be blamed on the companies that make it. There's all sorts of good food available, we're just too lazy to prepare it.

Posted by: Sarcasmorator at 8:35 PM, May 12, 2003


TOM made a good point when he said that people know chips and cookies aren't exactly healthy. Until this lawsuit, I didn't know about trans fats, but I do have a pretty about what's good and bad for the body. That will probably be one of the stronger defense arguments if this lawsuit goes anywhere (though I have a feeling it won't).

Sarcasmorator also made a good point: How would they regulate this kind of law? They could remove Oreos from school vending machines, but it all comes down to parenting. When I was a kid, I had very healthy lunches and Oreos weren't even an option. It was a very rare time that I got any kind of a dessert in my lunch. If/when I'm a parent, I don't know if I'd go quite that far, but I'd certainly make sure potato chips and cookies were not simply out on the table for constant consumption.

Posted by: Layla at 8:37 AM, May 13, 2003


The other thing is, this guy is going to have a hard time proving that Nabisco knew about trans-fats being bad and plied their wares anyway. They can't even catch the tobacco companies on that one, and they CLEARLY knew about the hazards of smoking, ya know?

Posted by: Mousie at 5:15 PM, May 13, 2003


I guess it's just further proof that anyone can file any kind of lawsuit. If someone can sue about the Pledge of Allegiance and someone else can sue about Oreos, it will only be a time before someone sues someone else for being too exciting-- or too boring.

Posted by: Layla at 10:22 PM, May 13, 2003


Your blog is too exciting. Expect to hear from my lawyer. ;-)

Posted by: Monkeyman at 3:42 PM, May 14, 2003


Earlier today, the lawsuit was dropped. (The lede in that article is hilarious.) And you know, I must say that I'm impressed. That lawyer knew exactly what it would take to make people aware of "trans fats." Anything affecting kids will generate interest, and anything involving chocolate is bound to catch some attention. He combined the two and actually created a tsunami of a media wave. He proceeded to ride the wave until everyone had seen him, and then he got off. The wave kept going, just as he'd planned.

Posted by: Layla at 12:04 AM, May 15, 2003


I don't know if this guy is brilliant or crazy. He wouldn't even allow himself to be interviewed on a radio show after dropping the lawsuit (by hosts who think that exposing trans fat is good) and they characterized him as an "ass" for the way he acted when asked for the interview.

They (the hosts) also stated that they don't normally eat Oreos but that all the media attention for them made them want to eat Oreos again.

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