KFC Lawsuit Dismissed

Jacob Sullum | May 2, 2007

A federal judge has dismissed a lawsuit in which a Maryland doctor, Arthur Hoyte, complained that KFC did not warn its customers conspicuously enough about the trans fat in its food. Here is my take on the suit, which was filed last year. KFC has since switched to a specially engineered soybean oil. Since the switch was in the works long before the lawsuit was filed, fans of litigating in the name of "public health" cannot reasonably take credit. But that won't stop them.

Comments

|5.2.07 @ 4:56PM|#

Dave W.-

STFU, you're such a choad.

SugarFree|5.2.07 @ 4:56PM|#

Cue the food police...

KFC IS TRYING TO KILL US ALL WITH GENETICALLY MODIFIED SOY BEANS!

Why can't they just fry in chicken fat? The circle of life could be complete that way.

|5.2.07 @ 4:57PM|#

Whoa, sorry, preemptive knee-jerk reaction.

Dave W.|5.2.07 @ 5:02PM|#

1. Hi, mg, you gunnut, you.

2. "Since the switch was in the works long before the lawsuit was filed"

IIRC, this wasn't mentioned last time HnR blogged this suited. Did you uncover an old article reporting the planned switch prior to the lawsuit, or are you just on the Colonel's rolodex, Mr. Sullum? If you are on the Colonel's rolodex, what is he like on the phone? Is he just as genial as he was in the 1970s when I was growing up? Can he still dunk a basketball like he did in the ads in the 1990s?

thedesburrito|5.2.07 @ 5:04PM|#

It seems like the appearance of the food would be warning enough.

I'm a Popeye's guy myself.

|5.2.07 @ 5:12PM|#

You know nothing of fried chicken till you've eaten at Sal's Birdland. Country Sweet Chicken and Ribs is also required eating.

thoreau|5.2.07 @ 5:15PM|#

With the KFC lawsuit dismissed, and restrictions lifted on Indian mangoes, we can finally have unfettered free market competition between fried chicken and chicken with a mango curry.

Let the market decide!

Normal|5.2.07 @ 5:26PM|#

I just saw a KFC commercial last night stating they got rid of trans-fat. Their take? It's now ok to eat a whole bucket of chicken again! The bucket is back!

|5.2.07 @ 5:31PM|#

I just saw a KFC commercial last night stating they got rid of trans-fat. Their take? It's now ok to eat a whole bucket of chicken again! The bucket is back!

I saw that one, too. It made me wonder, is the guy who eats a whole bucket really health conscious enough to worry about trans fats?

|5.2.07 @ 5:33PM|#

Bullshit, Warren.

Two Sisters.

|5.2.07 @ 5:35PM|#

What's the matter, Colonel Sanders - chicken?

|5.2.07 @ 5:43PM|#

You know, as someone who can control my intake of "bad" foods, I'm getting tired of my access to them being limited. If I want deadly fried chicken, by golly, I'll have it. Along with my deadly popcorn and my Claritin with meth ingredients in it.

Zeus-forsaken bibertarians!

lunchstealer|5.2.07 @ 5:48PM|#

Again, since trans-fats have been staples of both home and commercial kitchens for something like 5 decades now, the idea that anybody would be using anything else should be advertised, not the other way around. Crisco (except for the new trans-fat-free formulations) is precisely what they're talking about. Nobody would expect people to have a 'crisco' warning. I don't know about lawyer reality, but in real reality, no reasonable person would expect that kind of warning.

|5.2.07 @ 5:48PM|#

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Dave W.|5.2.07 @ 5:51PM|#

Fortunately Mr. Balko was merciful enough not to wipe ALL my posts from HnR. Back in June 2006, I made a bold prediction (set forth in bold text) about how this suit would go:

If [plaintiff can't allege some decent harm and some kind of decent nexus between his harm and the actions of KFC] then judgment on the pleadings under FRCP 12. Under this scenario KFC would be out what? 50,000 smackers tops and no documents would need be disgorged. Some good pr, too as we would have a grand pity party for KFC.

Maybe they would even have a colorable Rule 11 motion.

I get the feeling some of the crybabies don't understand how litigation really works.

Was my prediction correct?

https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv1127-21

Let the pity party begin!

The judge notes that CSPI withdrew from this lawsuit when KFC revealed its plan to eliminate transfats (that is, that plan that KFC had had in the works since long before this suit was filed).

|5.2.07 @ 5:53PM|#

What does Ron Paul have to do with chicken? Does he have a pro-fried chicken platform? If so, let's hear about it.

|5.2.07 @ 5:57PM|#

Good lord, what was that?

Also, it's Fox's debate. They can invite whoever the hell they want. And I hope you never get to see my list of dinner guests.

|5.2.07 @ 6:03PM|#

I've got it. Ron Paul's national ad, that is:

Freedom. It's finger-lickin' good!

This cannot possibly lose.

Dave W.|5.2.07 @ 6:04PM|#

In other KFC news today:

"KFC owner posts bumper earnings, despite rats and E. coli"

http://www.iht.com/articles/2007/05/02/business/yum.php

Things are looking up!

Leonardo|5.2.07 @ 6:24PM|#

The huge irony is that the reason that KFC used trans-fats is that public health advocates in the late 1980s launched a campaign against using beef fat and by public shaming forced fast food chains to switch to trans-fats.

Dave W.|5.2.07 @ 6:27PM|#

public health advocates in the late 1980s launched a campaign against using beef fat and by public shaming forced fast food chains to switch to trans-fats.

Why didn't KFC do a bit of research and debunk that then?

I mean if KFC is trying to help its customers have healthy food, then it should look into these things, shouldn't it?

|5.2.07 @ 6:48PM|#

Dave W.-

STFU, you're such a choad.

|5.2.07 @ 6:54PM|#

thoreau - I thought you weren't supposed to cross the threads.

mg - I'm having a moment of deja vu

VM|5.2.07 @ 7:05PM|#

MediaG:

omh! how on earth did you make that call?

kewl! :)

Thoreau - I recommend Devon and Western here in Chicago - home of some of the best fan-freakin-tastic Indian restaurants! It's an awesome neighborhood!

Media - still in awe! That was beautiful!

|5.2.07 @ 7:10PM|#

"I've got it. Ron Paul's national ad, that is:

Freedom. It's finger-lickin' good!

This cannot possibly lose."

He could get The Beastie Boys to provide the soundtrack.

|5.2.07 @ 7:35PM|#

I think Ima have to hit the Lucky Wishbone for some deep fried goodness for dinner tonight.

|5.2.07 @ 7:37PM|#

mediageek,

The kids will eat that up!

B|5.2.07 @ 8:18PM|#

Headline of the future:

"KFC settles lawsuit over cancer-causing effects of 'specially engineered soybean oil'"

|5.2.07 @ 8:22PM|#

WE NEED TO HAVE RON PAUL IN THE SC MAY 15th DEBATE !!!!

Ron Paul has paid his the $25,000 registration fee to be on SC Ballot --- He deserves to be in the May 15th debate --- He's a Republican Candidate for President !!!! --- he deserves to be heard !!!! ----

The American people deserve to have the right to hear him in the debate !!!


The more exclamation points you include, the less seriously you will be taken. Just a helpful hint.

Dr. Ron Paul|5.2.07 @ 8:40PM|#

Fox News debate? In South Carolina? Why would I want to have anything to do with that?

ed|5.2.07 @ 8:47PM|#

I go to KFC about 1.325 times a year.

I'm thinking this new chemistry may push me toward a more enlightened approach, perhaps 1.875 times a year!

The Colonel rules! Gimme a bucket!
Can I substitute legs for thighs?
Please?

|5.2.07 @ 8:51PM|#

"... 'specially engineered soybean oil'"

This got me to thinking - maybe KFC could address some of the health concerns by having a new products, made of healthier ingredients, such as soy, and possibly lentils, too. Because these products are more eco-friendly than chicken, they could emphasize this aspect.

They could call it, oh, say, Soylent Green.

|5.2.07 @ 9:11PM|#

Ok, I apologize for that.

ed|5.2.07 @ 9:17PM|#

Now I'm wondering how deep-fried penguin tastes...
I'm guessing: chicken.
Fish-like chicken.

Pass the tartar sauce.

|5.2.07 @ 9:44PM|#

I've got it. Ron Paul's national ad, that is:

Freedom. It's finger-lickin' good!

This cannot possibly lose.

That's better than, "The buck-buck-buck stops here."

uncle sam|5.2.07 @ 9:48PM|#

Maybe if they are ever able to reconstitute dinosaur DNA, we can have some humongous thighs.

|5.2.07 @ 10:38PM|#

As Big Mama of Pasadena says, "If the Colonel had my chicken, he'd be a General!"

|5.2.07 @ 10:49PM|#

The more they fix the foods I like to eat (Popeyes 11 piece for me thanks) the less guilt I have about being a fat lazy gluttonous pig. It's ok for me to eat a whole bucket myself cause now it's healthy.
Thank you Lord.

|5.2.07 @ 11:02PM|#

"If the Colonel had my chicken, he'd be a General!"

Colonel Sanders is weak and pathetic. *I* am the only General who counts in the world of chicken. My broiling style is far superior, and with it, I will defeat all my enemies, ha ha ha!

|5.2.07 @ 11:56PM|#

Let General Cho bring it on; he shall find himself embroiled in the mother of all cockfights, and his forces shall die in the deep fat fryers of Hell!!!

|5.2.07 @ 11:57PM|#

General Cho's soldiers are committing suicide before the onslaught of our secret herbs and spices!

|5.3.07 @ 12:12AM|#

My chicken rules, it is Chicken Supreme
Gonna hammer your Colonel and make him scream
Your food is disgusting, it ain't finger-lickin'
I'll feed it back to you, and you'll choke on your chicken
I'm a spill your brains all over the floor
And after an hour I'll still be hungry for more
If KFC fights me, they're off their rocker
I'll deliver Colonel Sanders down to Davey Jones' locker

|5.3.07 @ 12:25AM|#

I will take out Colonel Sanders by delivering a crushing blow to his forces. I will soy the seeds of destruction in the enemy ranks. The outcome of the battle will be sweet for me, and sour for you.

ha ha ha

|5.3.07 @ 12:29AM|#

Your Kung Fu is no match for my awesome Kung Pao.

|5.3.07 @ 1:56AM|#

When I was a kid we didn't have KFC near us, but there was the oft-heard call, Don't cook tonight...call Chicken Delight™!

The independent pizza joint just behind my house does fried chicken, and it's on special on Thursdays - half a chicken, roll and 2 sides for $5.99! I know it's bad for me, but I do like it. When I'm feeling virtuous I'll grill my own, or get a rotisserie bird at the supermarket. It may not be any healthier, but the walk there and back gives me more exercise!

Kevin

Guy Montag|5.3.07 @ 5:17AM|#

What does Ron Paul have to do with chicken? Does he have a pro-fried chicken platform? If so, let's hear about it.

He wants to chicke out of Iraq. Does that count?

Guy Montag|5.3.07 @ 5:17AM|#

add an n up there.

|5.3.07 @ 8:55AM|#

BakedPenguin,

Any Hestonian reference passes muster around here. Why I never pass up a Soylent Green or Planet of the Apes opportunity!

Soylent Green, made of the best thing on Earth. . .people!

|5.3.07 @ 2:28PM|#

"ed | May 2, 2007, 9:17pm | #

Now I'm wondering how deep-fried penguin tastes...
I'm guessing: chicken.
Fish-like chicken."

Shackleton and the crew of the Endurance used penguins for both fuel and food. It was served as a stew not fried because of temperament of the penguin fat fueled stoves. This is why we don't hear the expression "Let the penguin fry in its own fat?"

|5.3.07 @ 5:51PM|#

I figured ed to be a (metaphorical) sea lion lover. Some people you're never going to please.

Pro L, I couldn't believe when I heard they were remaking Omega Man. Then I hear f'n Will Smith is going to do the Heston role. I felt like screaming "You maniacs! You blew it! God damn you all to hell!" I mean, anybody but Smith.

Etouffee, I've started exercising again, just to avoid that fate.