Public Health Recommendations

A U.S. consumer group is suing McDonald’s Corp. to stop the world’s largest hamburger chain from using Happy Meal toys to lure children into its restaurants.

The Center for Science in the Public Interest is representing a Sacramento mother of two in the lawsuit, which alleges unfair marketing and other violations of California’s consumer protection law. It does not seek monetary damages.

“The lawsuit is about the change, not the money,” CSPI litigation director Stephen Gardner said.

“We are proud of our Happy Meals and intend to vigorously defend our brand, our reputation and our food,” said McDonald’s spokeswoman Bridget Coffing. “We listen to our customers, and parents consistently tell us they approve of our Happy Meals.”

Walter Olson, a senior fellow at the Cato Institute and tort reform advocate, said he thinks McDonald’s will ultimately prevail but that it will likely have to go through multiple rounds of legal wrangling, which would suit CSPI.

“In the meantime they’ve got their step toward a national debate, which is what they want,” Olson said.

HOT TOYS

McDonald’s debuted the Happy Meal in the United States in 1979. Modern offerings have included themed items from popular films like “Shrek” or sought-after toys like Ty Beanie Babies.

The Happy Meal was a huge hit for McDonald’s and has spawned me-too offerings at most other fast-food chains.

But lately it also has come under fire from public health officials, parents and lawmakers who are frustrated with rising childhood obesity rates and weak anti-obesity efforts from restaurant operators, which are largely self-regulated.

Those critics say poorly funded education campaigns don’t have a chance against fast-food companies, which according to a recent report spent more than $4.2 billion in 2009 on marketing and advertising.

CSPI in June alerted McDonald’s of its intent to sue and Gardner said the group had hoped to reach an accord out of court.

Timothy Sandefur, principal attorney at the Pacific Legal Foundation, argues that it is the responsibility of parents to regulate what their children eat.

“Not a child on earth has forced his parent to buy him a McDonald’s Happy Meal,” Sandefur said.

McDonald’s gives consumers the option to swap milk for soda and “apple dippers” — apple slices with caramel dip — for fries — but critics say most Happy Meals are still too high in calories, saturated fat and sodium to be suitable for very young children.

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