Page:Pelman v. McDonald's Corporation (S.D.N.Y. 2003).pdf/24

 Similarly, plaintiffs argue that McDonalds’ products have been so altered that their unhealthy attributes are now outside the ken of the average reasonable consumer. They point to McDonalds’ ingredient lists to show that McDonalds’ customers worldwide are getting much more than what is commonly considered to be a chicken finger, a hamburger, or a french fry. Schlosser, supra, at 7 (“Foods that may look familiar have in fact been completely reformulated.”).

For instance, Chicken McNuggets, rather than being merely chicken fried in a pan, are a McFrankenstein creation of various elements not utilized by the home cook. A Chicken McNugget is comprised of, in addition to chicken: "water, salt, modified corn starch, sodium phosphates, chicken broth powder (chicken broth, salt and natural flavoring (chicken source)), seasoning (vegetable oil, extracts of rosemary, mono, di- and triglycerides, lecithin). Battered and breaded with water, enriched bleached wheat flour (niacin, iron, thiamine, mononitrate, riboflavin, folic acid), yellow corn flour, bleached wheat flour, modified corn starch, salt, leavening (baking soda, sodium acid pyrophosphate, sodium aluminum phosphate, monocalcium phosphate, calcium lactate), spices, wheat starch, dried whey, corn starch. Batter set in vegetable shortening. Cooked in partially hydrogenated oils, (may contain partially hydrogenated soybean oil and/or partially hydrogenated corn oil and/or partially hydrogenated canola oil and/or cottonseed oil and/or corn oil). TBHQ and citric acid added to help preserve freshness. Dimethylpolysiloxane added as an anti-foaming agent."

Pls.’ Mem. at 23 (citing McDonalds ingredient list). In addition, Chicken McNuggets, while seemingly a healthier option than McDonalds hamburgers because they have “chicken” in their names, actually contain twice the fact per ounce as a hamburger. Schlosser, supra, at 140. It is at least a question of fact as to whether a reasonable consumer would know—without recourse to the McDonalds’ website—that a Chicken McNugget contained so many ingredients other than chicken and provided twice the fat of a hamburger.

Similarly, it is hardly common knowledge that McDonalds’ french fries are comprised, in addition to potatoes, of: "partially hydrogenated soybean oil, natural flavor (beef source), dextrose, sodium acid pyrophosphate (to preserve natural color). Cooked in partially hydrogenated vegetable oils, (may contain partially hydrogenated soybean oil and/or partially hydrogenated corn oil and/or partially hydrogenated canola oil and/or cottonseed oil and/or corn oil). TBHQ and citric acid added to preserve freshness. Dimethylpolysiloxane added as an anti-foaming agent."