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McDonald's obesity lawsuit reinstated

[JURIST] The US Court of Appeals for the 2nd Circuit [official website] has reinstated part of an obesity lawsuit against McDonald's [corporate website], ruling that two New York children should be allowed to pursue their deceptive advertising claims. US District Judge Robert Sweet dismissed the class-action lawsuit in 2003 [opinion, PDF; JURIST report], saying that it failed to link health problems suffered by overweight children directly to McDonald's products. In its decision [text, PDF], the 2nd Circuit ruled that New York's business law requires a plaintiff to show only that the deceptive advertising was misleading and that the plaintiff suffered injury as a result. AP has more.

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