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CSPI threatens suit over McDonald's use of toys in Happy Meals
June 21, 2010
Health advocate organization Center for Science in the Public Interest is not too happy with McDonald's Happy Meals. The nonprofit organization has served the company notice that it will sue the chain if it continues to use toys to promote its Happy Meals.
CSPI claims that using toys to lure small children into McDonald's is unfair and deceptive marketing and is illegal under various state consumer protection laws. CSPI today served McDonald's a notice of its intent to sue, fulfilling a legal requirement of several states in which CSPI might bring the lawsuit.
"McDonald's is the stranger in the playground handing out candy to children," said CSPI litigation director Stephen Gardner in a news release. "McDonald's use of toys undercuts parental authority and exploits young children's developmental immaturity — all this to induce children to prefer foods that may harm their health. It's a creepy and predatory practice that warrants an injunction."
In a letter to McDonald's vice chairman, CEO and president Jim Skinner and McDonald's USA president Jan Fields, CSPI states that McDonald's toy-related promotions violate state consumer protection laws in Massachusetts, Texas, the District of Columbia, New Jersey and California. The letter also accuses the company of "conscripting America's children into an unpaid drone army of word-of-mouth marketers, causing them to pester their parents to bring them to McDonald's.
CSPI has given McDonald's 30 days to agree to stop the practice before a suit is filed.
Unrealistic advertising
CSPI takes issue with the disconnect between McDoanld's advertising and the reality of products sold to children in the stores. In 2006, McDonald's made a pledge to an industry-funded self-regulatory group not to advertise to children meals that have more than 600 calories and no more than certain percentages of fat and sugar. Thus, the actual food featured in McDonald's youth-directed advertising shows Apple Dippers and low-fat milk as part of either a four-piece Chicken McNuggets Happy Meal or a Hamburger Happy Meal.
However, a CSPI study found that when children or parents order Happy Meals they are given french fries 93 percent of the time. And toys are included with all Happy Meals, regardless of the meals' nutritional value.
Of the 24 possible Happy Meal combinations that McDonald's describes on its website, all exceed 430 calories, which is one-third of the 1,300- calorie recommended daily intake for children 4 to 8 years old. A Happy Meal consisting of a cheeseburger, fries and Sprite has half a day's calories and saturated fat (640 and 7 grams, respectively), about 940 milligrams of sodium and about two days' worth of sugar (35 grams).
CSPI contends that getting children accustomed to eating burgers, fries and soda puts them at greater risk of developing obesity, diabetes or other diet-related diseases over the course of their lifetimes.
"Regardless of the nutritional quality of what's being sold, the practice of tempting kids with toys is inherently deceptive," said CSPI executive director Michael F. Jacobson. "I'm sure that industry's defenders will blame parents for not saying 'no' to their children. Parents do bear much of the responsibility, but multi-billion-dollar corporations make parents' job nearly impossible by giving away toys and bombarding kids with slick advertising."
Some media experts also question McDonald's marketing techniques.
"We know from scientific research that young children — and even older ones — do not have the ability to understand how marketing has been designed to influence them," said Kathryn Montgomery, professor of communication at American University and an expert on media and children. "In the era of digital marketing, these vulnerabilities are magnified even further. McDonald's use of these techniques raises troubling questions, for health professionals, parents, and policy makers."
McDonald's response
McDonald's said in a statement that it is "committed to a responsible approach to our menu, and our Happy Meal offerings," citing the chain's wide variety of choices, including better-for-you offerings, on its menu.
We couldn't disagree more with the misrepresentation of our food and marketing practices made by the Center for Science in the Public Interest (CSPI). Since 2006, we have been a part of the Council for Better Business Bureau's voluntary initiative to address the importance of children's well-being. In the U.S., McDonald's primarily advertises the four-piece Chicken McNuggets Happy Meal which includes Apple Dippers, low-fat caramel dip and one percent low-fat white milk.Happy Meals are right-sized for kids, a concept that has not changed since its introduction in 1979. We offer Chicken McNuggets made with all white meat, a small hamburger made from 100 percent USDA-inspected beef, a small drink, including one percent low-fat milk and a choice of small fries or Apple Dippers. Happy Meals provide quality, safe food options and resonate with parents.Since 2008, U.S. customers have purchased more than 100 million Happy Meals with Apple Dippers. In 2009 alone, McDonald's USA served 31 million gallons of milk – more than triple the volume since we repackaged milk in our milk jugs, in 2004.We are proud of our Happy Meal which gives our customers wholesome food and toys of the highest quality and safety. Getting a toy is just one part of a fun, family experience.
Other actions
The practice of using toy promotions to promote quick-service food to children is under scrutiny elsewhere too. In April, the Santa ClaraCounty, Calif., Board of Supervisors passed an ordinance preventing McDonald's and other restaurants from including toys or other kid-oriented incentives with the purchase of unhealthy meals.
The Federal Trade Commission may also address toy promotions when it releases a set of voluntary standards for food marketers later this year. According to a 2008 report from the FTC, food companies spend more than $350 million on toy giveaways each year.
CSPI's litigation unit has taken on food marketing to children before. In 2006, CSPI notified Kellogg that it would be sued for marketing sugary cereals and other junk food directly to children. After negotiating for more than a year, CSPI and Kellogg reached a historic settlement agreement that set nutrition standards for the foods the company may advertise on media with young audiences. Since then, Kellogg only advertises to young audiences if a serving of the food has no more than 200 calories, zero grams of trans fat and no more than 2 grams of saturated fat, no more than 230 milligrams of sodium, and no more than 12 grams of sugar.
In previous QSR litigation, CSPI sued KFC for using partially hydrogenated oil, which made KFC's chicken very high in trans fat. CSPI dropped that lawsuit when the company agreed to phase out partially hydrogenated oils. KFC chicken is now trans-fat-free.
This is the first time that CSPI has planned to take McDonald's to court. The organization also is not targeting any other QSRs for offering toys in their kids' meals at this time.
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