Super Size

Obesity suit may dog McDonald's
Court reinstates part of suit accusing the company of tricking kids into eating fattening foods.January 25, 2005: 7:07 PM EST

NEW YORK (Reuters) - A federal appeals court Tuesday revived part of the widely-watched obesity suit against McDonald's Corp. that accuses the world's biggest fast-food company of using misleading advertising to lure children into eating fattening, unhealthy foods.
The U.S. Second Circuit Court of Appeals ruled that a trial judge wrongfully threw out certain portions of the complaint in September 2003 on grounds that it lacked information linking the plaintiffs injuries with eating McDonald's foods. The panel did, however, uphold other parts of the dismissal.
The appeals court said the proof about injuries could be provided during pre-trial proceedings and did not need to be included in the initial filing. It said it was sending the case back to the trial judge for further proceedings.
The ruling comes on the same day that "Super Size Me," a documentary about a man's month-long diet of McDonald's fast food, was nominated for an Oscar.
McDonald's said they expected the obesity suit will be thrown out again.