Pelman vs. McDonald Marjorie Volcy GBA504 October 13, 2012

Childhood obesity have increase drastically over the past 20 years and recently ten per cent of the world's school-aged children are estimated to be carrying excess body fat, with an increased risk for developing chronic disease. Of these overweight children, a quarter are obese, with a significant likelihood of some having multiple risk factors for type 2 diabetes, heart disease and a variety of other co-morbidities before or during early adulthood. The prevalence of overweight is dramatically higher in economically developed regions, but is rising significantly in most parts of the world. Studies suggest that excess body weight cost the US health-car systems an estimated $31 billion to treat overweight and obese children who develop any health issues due to their obesity state. One of the first lawsuits in the US against fast food industry was the case of Ashley Pelman vs. McDonald Corp. Ashley’s’ mother Roberta Pelman allege that McDonald Corp practices when making and selling its products were deceptive and that the deception caused minors consuming the products to injure their health by becoming obese. The very first time Pelman brought this case to courts the Judge dismisses the suit with leave to amend on January 22, 2003. The case was dismissed under the New York Consumer Protection Act this was because the Pelman’s failed to cite any specific advertisement or public statement that could have been considered deceptive. When Roberta Pelman originally brought the case to the courts, her complaint listed five separate cause of action. Two of the claims were base on the New York Consumer Fraud Statute, New York Business Law section 349 and 350. Section 349 prohibits deceptive acts and practices and section