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Death by French Fries ...

and Lawsuits

Week of May 3, 2004

 

            I am done telling my son, 17, how to eat.  There are bigger fish to fry even if, having recently become a vegetarian, he’d refuse to eat them. 

             I’d have paid little attention if he didn’t hate vegetables.  This is a kid who would have preferred to live on double bacon cheeseburgers a few weeks ago, so the switch was a surprise.

            He was a little vague about his reasons.  Health, I asked?  Was he concerned about the animals?  Saving the rainforests from greedy cattle ranchers?  Or could it be the vegetarian girlfriend? 

            “None of the above,” he swore, which eliminated pretty much everything but a sharp blow to the head.  Sensing the conversation was going nowhere, I switched to what he planned to eat. 

            “French fries and onion rings,” he replied, apparently supplemented with Skittles and the occasional bag of Jack in the Box tacos, which he swears contain no meat.

            In case a Jack in the Box attorney happens to read this, I don’t believe it for a minute.  In case attorney Raphael Metzger reads this, I’m sure my son will be off to another dietary phase soon and suffer no lasting harm.  I wish I could say the same for common sense, which was already on its deathbed before Metzger arrived.

            Metzger, whose website touts his expertise in “toxic tort litigation,” is spearheading a suit against McDonald’s and Burger King in an attempt to force them to label their french fries as carcinogens.  French fries and other fatty foods carry proven health risks if eaten in excess, but no one has yet made the legal stretch to cancer. 

            Metzger’s case hinges on something science has known for decades with no apparent alarm.  Potatoes, like all carbohydrates and sugars, form a chemical called acrylamide when cooked.  In large does, acrylamide can cause cancer in rats.

            One day I would like to read of something that doesn’t cause cancer in rats if only to encourage guys like Metzger to find constructive work.  In an interview with ABC news, environmental toxicologist Takayuki Shibamoto of the University of California noted that there are no proven health risks to humans from acrylamide; The Food and Drug Administration is reportedly looking into the possibility, with no smoking fry vat so far. 

            Metzger filed his suit under a California law that requires warning labels on products containing carcinogens, though the FDA could force labels nationally if it finds a connection to cancer in humans.  If the California courts take complete leave of their senses – which would be a fairly short hike – and find in Metzger’s favor, we can expect a rash of tobacco-style french fry suits across the country.

            Since anything with sugars or carbohydrates forms acrylamide when cooked, why is Metzger obsessed with fries?  Is there no money in bread, doughnuts, crackers, macaroni, spaghetti, cookies, rice, breakfast cereal, bagels, grits, or cous cous? 

            I’m not sure about cous cous, but there are large corporations behind most of these death foods, many with deeper pockets than McDonald’s or Burger King.  So why fries?

            A look at Metzger’s past targets might provide a clue.  His website lists Dow Chemical Company, Atlantic Richfield Company, Aldrich Chemical Company, Mobil Oil Corporation, and Great Republic Insurance as past defendants; without regard to the merits of those cases, many of the objects of Metzger’s legal affection have been industries we love to hate.

            Fast food isn’t quite in tobacco or gun industry territory but they’re getting there, taking the blame for everything from obesity to heart disease.  I suppose that’s the new American way, yet if companies begin to fear lawsuits over products with cooked carbohydrates we’ll all be on the Atkins diet whether we like it or not. 

 

 

 

 
 

 

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© 2004 Brent Morrison