June 14, 2006

KFC sued over fatty oil

Posted in health law at 5:40 am by thelawthoughts

This report suggests that a class action has been brought in the US to force KFC to use healthier oils when cooking. Surely they will throw an action like this out of court.

At risk of being corrected, such a suit in Australia would have no legal basis. You can't sue someone to force them to do something unless you are seeking a mandatory injunction. Such an injunction requires there be a serious question to be tried, in other words, you need a reasonable cause of action on which to run a trial.

The only serious cause of action I can think of would be something like a tort-based action. However, this would mirror the McDonalds case, in which the plaintiffs were told to get lost. There are simply no grounds on which to bring an action to force somebody to cook food in a way YOU want them to. If you want it cooked differently, here is a tip. Do it yourself.

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