McDonald's facing four lawsuits over wheat and dairy in fries

March 3, 2006

Published Thursday, March 2, 2006

The Associated Press

FORT LAUDERDALE, Fla.

McDonald's Corp. is now facing at least four lawsuits after its disclosure

last month that its french fries contain wheat and dairy products.

David and Cherilyn Levy, of Coral Springs, claim they began feeding their

daughter Sydni, 5, a gluten-free diet after she was diagnosed with autism.

Gluten is a protein found in wheat.

The Levys claim they allowed their daughter to eat McDonald's fries about

twice a week only because the Oak Brook, Ill.-based company promoted the

product as gluten-free, attorney Edward Zebersky said Thursday.

The suit, filed Feb. 24 in U.S District Court in Fort Lauderdale, alleges

fraud and seeks more than $5 million on behalf of consumers who purchased

the fries thinking they were gluten-free. The Levys are seeking class-action

status.

Zebersky said they want any damages recovered to fund research on autism and

celiac diseases.

McDonald's said Feb. 13 that wheat and dairy ingredients are used to flavor

its fries. Those substances can cause allergic or other medical reactions in

food-sensitive consumers.

The company said the disclosure came in response to new rules by the U.S.

Food and Drug Administration for the packaged foods industry, including one

requiring that the presence of common allergens such as milk, eggs, wheat,

fish or peanuts be reported. As a restaurant operator, the company does not

have to comply but is doing so voluntarily.

A Jupiter couple filed a similar lawsuit Feb. 17, claiming their 5-year-old

daughter ate the fries and has an intolerance to gluten. Lawsuits have also

been filed in Illinois and California.

Jack Daly, McDonald's senior vice president, said in a recent statement that

scientific testing detected no gluten in the fries.

" Based on this analysis, we believe the lawsuits filed are without merit, "

Daly said.

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Information from: South Florida Sun-Sentinel,

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