The Center for Science in the Public Interest filed suit yesterday against Burger King seeking an injunction to stop the use of deadly trans fats in frying and cooking its food, or alternatively, forcing the company to disclose to its customers prior to purchase of the food that it contains trans fats. A copy of the Complaint is here.
According to Stephen Gardner at Public Citizen’s Consumer Law and Policy Blog,
Burger King is at fault in two different ways. First, of course, is the fact that Burger King is the only top restaurant chain that has not either eliminated trans fats or is making sincere and significant steps in that direction. All Burger King is willing to promise is that, by the end of 2008, it will start the process to get rid of trans fats. They want their customers to pay the price of their foot-dragging.
Second, while it is creeping along in its purported efforts, Burger King doesn’t want its customers to know that it still uses trans fats. It wants to complete with places like KFC and Wendy’s, which have gotten rid of trans fats, but it doesn’t want to compete fairly.
The suit is premised on
- Deception and misrepresenation, and
- Breach of implied warranty of merchantability.