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To: 2MAR$ who wrote (62733)	7/26/2002 4:44:30 PM
From: 2MAR$	Respond to of 208838

UPDATE 1-N.Y. man sues, blaming fast food for ill-health (adds background) By Gunna Dickson NEW YORK, July 26 (Reuters) - A 5-foot-10-inch, 272-pound (177.8 cm, 123 kg) man has sued four major fast food chains, claiming they contributed to his obesity, heart disease and diabetes, his attorney said on Friday. The class-action lawsuit, which was filed in the Bronx Supreme Court on July 24, is seeking undetermined compensatory damages against McDonald's <MCD.N>, Wendy's <WEN.N>, KFC Corporation, owned by Yum Brands Inc. <YUM.N>, and Burger King, on behalf of 56-year-old maintenance worker Caesar Barber and others. The lawsuit, which estimates that millions of Americans could be included in the claim, also seeks to have the companies label individual products with fat, salt, cholesterol and other dietary content as well as to warn users of the health effects. New York attorney Samuel Hirsch, who is representing Barber, said consumers were not getting adequate warning about foods that could cause obesity, diabetes, heart disease, high blood pressure and elevated cholesterol levels. "Fast food chains failed to disclose the contents in terms of calories, fat grams and sodium. Even when posted, the information is not easily understandable to the public," said Hirsch. A National Restaurant Association executive said the lawsuit "gives frivolous a bad name." "This lawsuit, which solely makes restaurants responsible for obesity in America, swallows a simplistic notion," said Steven Anderson, president and CEO of the Washington-based association. "It is a blatant attempt to capitalize on the recent news stories on the growing rates of obesity." LABELS FOR ROCKET SCIENTISTS? Barber, who has had two heart attacks, told MSNBC he did not realize fried food was bad for him until three years ago and that he had been eating fast food for decades because it was convenient. "I didn't find out how bad it was until 1999," he said. "I ate a lot because I was by myself." Hirsch, who accompanied his client on the MSNBC show, said they particularly wanted better labeling for the "real offenders -- the Big Macs and Big Whoppers." Now, he said "you have to be a rocket scientist" to be able to read labels that he said were deliberately designed to be confusing. McDonald's spokesman Walt Riker called the claims "ridiculous," saying: "Our menu features choice and variety with lots of options for consumers." In Miami, a spokesman for Burger King, which was bought by Texas Pacific group on Thursday, declined to comment as the matter is under litigation, but referred calls to the National Restaurant Association. "There are 858,000 restaurants and food service outlets in the country serving a variety of food that will meet anyone's specific dietary needs," said the association's Anderson. "The nutritional information usually appears on a chart at the right of the counter and is as easily understood as any nutrition label you would see at the retail store." "The important thing to remember is that there is a certain amount of personal responsibility we all have ... the issues of obesity and nutrition are much more complicated than this and involves factors such as genetics, medical conditions and the level of physical activity," Anderson added. ((New York newsroom +1 646-223-6280; fax +1 646-223-6289)) REUTERS