McDonald’s wants class action tossed, says it uses ‘safe’ forever chemicals

Update:

• McDonald’s asked a federal court to dismiss claims it uses harmful ‘forever chemicals’ in some of its grease-resistant packaging, including for its Big Mac. 
• The restaurant claims the per- and polyfluoroalkyl substances (PFAS) it uses are in fact safe and approved by the U.S. Food and Drug Administration. 
• Consumers, meanwhile, claim McDonald’s misled them about the safety of its products due to the PFAS. 
• The fast-food giant argues the claims are “baseless,” saying the class action lawsuit does not claim that anyone was injured by its products or their packaging. 

McDonald’s Big Mac PFAS class action lawsuit overview: 

• Who: Larry Clark filed a class action lawsuit against McDonald’s Corporation. 
• Why: Clark claims McDonald’s fails to disclose to consumers that its food products contain per- and polyfluoroalkyl substances. 
• Where: The class action lawsuit was filed in Illinois federal court. 

(03/30/2022)

McDonald’s fails to disclose to its customers that its food products, including its popular Big Mac burger, contain unsafe per- and polyfluoroalkyl substances (PFAS), a new class action lawsuit alleges.

Plaintiff Larry Clark claims McDonald’s misleads consumers into believing its food is safe to eat by not disclosing that it contains PFAS, which he says are harmful to both humans and the environment. 

“The use of PFAS in its Products stands in stark contrast to McDonald’s brand identity which espouses food safety,” the class action lawsuit states. “In almost every medium, McDonald’s Corporation tells consumers, investors, and the general public that the Products are safe.”

Clark wants to represent a nationwide class of consumers who have purchased McDonald’s food products containing PFAS. 

Clark claims McDonald’s has “repeatedly denied” that its food products contain PFAS, only finally admitting the truth last year. 

Despite its alleged admission, Clark argues McDonald’s still falsely represents that its food is “safe, high quality and appropriate for consumption.”

“Defendant fails to tell consumers that PFAS, which can have adverse effects on humans and can bioaccumulate in human’s bodies, are present in high levels in its Products,” the class action lawsuit states. 

Exposure to PFAS can cause a number of adverse health effects, including liver damage, cancer and increased risk of asthma, among other things, according to the class action lawsuit. 

“Because PFAS persist and accumulate over time, they are harmful even at very low levels,” the class action lawsuit states. 

McDonald’s chooses to included PFAS in food to cut costs

Clark claims McDonald’s has the resources to ensure PFAS are not in its food products; however, he argues the company instead chooses to intentionally include them as a way to cut costs. 

“This ‘profits over people’ approach allows McDonald’s Corporation to save pennies per unit sold and instead pass these ‘costs’ at a far greater rate onto generations of consumers that must live with the consequences of McDonald’s willful inclusion and concealment of dangerous PFAS in McDonald’s Products,” the class action lawsuit states. 

Clark claims McDonald’s is guilty of unjust enrichment, among other things, and in violation of the Magnuson-Moss Warranty Act, the Illinois Consumer Fraud and Deceptive Business Practices Act and multiple state consumer protection statutes. 

Plaintiff is demanding a jury trial and requesting injunctive and declaratory relief along with appropriate, monetary and compensatory damages for himself and all class members.

A separate class action lawsuit was filed against McDonald’s earlier this month over claims the company spread lies about a company which fixes McFlurry machines to perpetuate a “service and repair racket” with the machines manufacturer, Taylor. 

Have you purchased food from McDonald’s? Let us know in the comments! 

The plaintiff is represented by Steffan T. Keeton of The Keeton Firm LLC. 

The McDonald’s Big Mac PFAS Class Action Lawsuit is Clark v. McDonald’s Corporation, Case No. 3:22-cv-00628, in the U.S. District Court for the Southern District of Illinois.

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• McDonald’s Lawsuit Claims Restaurant Spread Lies About Company That Fixes McFlurry Machines
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