Drive-In Don’s fast food restaurant sells the most delicious burgers in town at the most affordable price. Elementary and high schools in the vicinity have contracted with the restaurant to serve burgers during lunch hour. However, the county health department’s one-year study shows that children from these schools have the highest cholesterol, are the most obese, and are the least active.
George and Mary’s son, Randall, 12, attends one of the schools where Drive-In Don’s foods are served. He suffers from extreme obesity and high cholesterol and runs the risk of diabetes.
George and Mary have sued Drive-In Don’s and the school, alleging that Drive-In Don’s is engaging in illegal deceptive advertising of its foods and is not truthful to customers. Further, the lawsuit states that the restaurant purposely fails to provide consumers details of the ingredients of its food products.
Research consumer protection laws and regulations, using your textbook, and the Internet. Based on the facts of the case and research, write an analytical paper (approximately 4-5 pages). In the paper, respond to the following questions:
- Do George and Mary have a case? What are their strongest legal arguments? Explain.
- What defense(s), if any, do the school and the restaurant have? Explain.
- Can the government agencies, such as the Federal Trade Commission (FTC) help the plaintiffs in any way? Explain.