SAN FRANCISCO (May 12) - A lawyer who has spent much of his life enjoying Oreo cookies has sued Kraft Foods Inc. seeking to ban the much-loved cookies in California because they contain trans fat, an ingredient he calls inedible.

Kraft boasts that people have eaten 450 billion Oreo cookies since they introduced the chocolate wafer sandwich cookies with a creamy filling in 1912.

But if British-born attorney Stephen Joseph has his way, that culinary love affair will come to an end, at least until Kraft stops using hydrogenated or partially hydrogenated oils to make the cookies.

Kraft calls the suit filed in Marin County Superior Court just north of San Francisco baseless but Joseph says he is taking advantage of a provision of the California civil code that holds manufacturers liable for common products if not "known to be unsafe by the ordinary consumer."

The ingredient is used in thousands and thousands of products. In an interview on Monday, Joseph said, "I am probably full of hydrogenated fat because until two years ago I didn't know about it. I resent the fact that I have been eating that stuff all my life."

Hydrogenation adds hydrogen gas to vegetable oil, helping to solidify it into products such as margarine. Health experts say the process makes them as unhealthy as real butter, if not more so, as the hydrogenated fats act like cholesterol in the body. Trans fats are common in cookies and crackers and part of both the cookie and filling in Oreos.

'SHOCKING' CASE

"That's what's so shocking; that it has been so well hidden," said Joseph, who has set up an advocacy group called BanTransFats.com Inc. "I hope if nothing else comes of this lawsuit that more people know about trans fat than before."

Kraft says it is already testing alternatives to trans fats but said they will vigorously fight the lawsuit.

Its parent company Altria Group Inc. is also the owner of cigarette maker Philip Morris USA, itself no stranger to legal battles over product safety.

"We know the importance of good nutrition and we are committed to helping people lead a healthy lifestyle, but we have no choice than to draw the line against baseless lawsuits like this," Michael Mudd, Kraft's senior vice president for corporate affairs, said in an interview.

"We've been ... exploring ways to reduce trans fat in Oreos and those efforts are continuing," he continued. "You can make a cookie without trans fat but what you're trading off is the unique taste and texture that people have come to expect."

U.S. companies, the world masters in processed foods, are showing an awareness of trans fats. Frito-Lay, part of PepsiCo Inc., announced last year it would eliminate trans fats from snacks such as Doritos. McDonald's Corp. also said it would make French fries with less trans fat.

In February, a federal court threw out a lawsuit against McDonald's that claimed its burgers and fries cause obesity.

The commissioner for the U.S. Food and Drug Administration has said the agency will soon require labeling information about trans fats in foods.



05/12/03 17:38 ET

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I always wondered what that white stuff was...

It's simple: YOU ARE RESPONSIBLE FOR WHAT YOU PUT INTO YOUR BODY. I smoke. I eat fatty stuff. I've been lucky so far, but I understand the risk involved, and I accept it (for now).

This sort of thing pisses me off. Let's tie up the legal system with frivolous claims against companies selling people what they want, because we refuse to accept accountability for our actions. Leave it to a lawyer to come up with this kind of bullshit.

To this guy: Shut up, take responsibility for yourself, and get your *** down to the gym!

(sorry about the rant, but this is one of my biggest pet peeves...)

 

I agree it pisses me off also ...

 

what's worse is that the *** clown filing the case does not have, as best I could see, a medical case to file it. He was not somehow hurt by the mega-pack of Oreos. He claims it is "for the good of society", but if my first instinct is correct (and I trust it) it is "for the good of my wallet".

The U.S. would be a heck of a lot better off if being a money grubbing lawyer was punished the same way some poor schmuck gets reamed for having a dime bag... those f***ers cause more societal damage than all the weed in the world!


just my 0.02.

 

Damn, if they ban the cookies, other things will be banned, like burgers, fries, sodas, ice cream.....

 

I never understand people like this. Nobody forced you to eat the ******* oreo, it was a conscious decision. Same goes for those bastards who protest against foul language in music and violence in games/media. It's your choice as to what you watch/listen to. If you don't like it turn the damn tv off or change the station. It's stupid ***** like this that make society the **** hole it is today.

 

Don't get me started. The "no accountability" attitude and all the ******* bleeding hearts running around makes me sick. I gotta stop before I go off and turn this thread into a book.

 

I agree with everyone so far. I wish there was a "Shut the hell up you stanky behatch" committee overseeing all the proposed lawsuits and weed out the obscenely stupid ones like this.

I'm so sick of stupid people looking to make a buck!

 

I think we should all get together and file a law suit against the dude trying to ban the oreos... the thought of not being able to have them as a tasty snack is causing me emotional and psychological distress...

 

I believe this lawyer has alterior motives for doing this. First off, he is not an idiot (hopefully), he justs wants the case to be noticed by the media and the public. If he is concerned about society's health, he has shed further light on the amount and types of fats and their danger in various foods. Hopefully people will reflect on this a little bit and take something from it.

Or, he could just be trying to make a name for himself and getting free publicity, which I also suspect. I truly doubt he thinks he has a chance at wedding.