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Frivolous Lawsuit Gives New Meaning to ‘Just Say No’

Frivolous Lawsuit Gives New Meaning to ‘Just Say No’

Posted on December 16, 2010 by Brian Garst

What do you do when your kids clamor for something you don’t think they should have? For most (good) parents, the obvious answer is to “just say no.” For others, it’s to sue!

With perfect Grinch timing, a consumer group has sued McDonald’s demanding that it take the toys out of its Happy Meals.

The Center for Science in the Public Interest, an advocacy group, claims it violates California law for the hamburger chain to make its meals too appealing to kids, thus launching them on a lifelong course to overeating and other health horrors. It’s representing an allegedly typical mother of two from Sacramento named Monet Parham. What’s Parham’s (so to speak) beef? “Because of McDonald’s marketing, [her daughter] Maya has frequently pestered Parham into purchasing Happy Meals, thereby spending money on a product she would not otherwise have purchased.”

You’re probably wondering: How is this grounds for a lawsuit? No one forced Parham to take her daughters to McDonald’s, buy them that particular menu item, and sit by as they ate every last French fry in the bag (if they did).

No, she’s suing because when she said no, her kids became disagreeable and “pouted” – for which she wants class action status. If she gets it, McDonald’s isn’t the only company that should worry. Other kids pout because parents won’t get them 800-piece Lego sets, Madame Alexander dolls and Disney World vacations. Are those companies going to be liable too?

Let’s hope the judge is better at saying ‘no’ than Ms. Parham. Though, as Walter Olson goes on to point out, this is anything but a random, inadequately equipped parent:

Much of the interviewing press was happy to treat Monet Parham as a random (if oddly well-informed) California mom, but it didn’t take the blogosphere long to discover that she is apparently anything but random. Ira Stoll, who blogs at Future of Capitalism and used to put out the New York Times-tweaking smartertimes.com, soon discovered (via a commenter) that she is in fact the same person as Monet Parham-Lee, who is a “regional program manager” on the state of California payroll for child nutrition matters.

Specifically, she works on a federally funded program that campaigns to exhort people to eat their vegetables and that sort of thing.

…If you sense a campaign in progress, you’re right. At the moment it happens to be centered on California, where both San Francisco and suburban Marin County have passed laws against Happy Meals. And California also has a distinctively liberal consumer law under which far-fetched claims like this one, which might be hooted down elsewhere, regularly get consideration in court.


food police McDonalds nanny state
December 16, 2010
Brian Garst

Brian Garst

Brian Garst is Vice President of the Center for Freedom and Prosperity.

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