The firm served as co-lead counsel and obtained a settlement of
$12.5 million with McDonald's in 2002 stemming from its failure to
disclose the use of beef fat in its french fries.
Berger & Montague, led by Shareholders Sherrie Savett and
Michael Fantini, along with other counsel, reached a
settlement of litigation against McDonald's Corporation on behalf
of a class of persons having ethical, moral, health, and/or
religious objections or concerns with respect to the consumption of
beef or meat. The suits arose out of the fast-food
chain's misrepresentation that its french fries and hash browns are
cooked in 100% vegetable oil, when in fact they contain a small
amount of beef flavoring, and thus are not vegetarian.
Plaintiffs alleged that McDonald's conduct, among other
things, violated various state consumer statutes and common
law prohibitions against unfair and/or deceptive business
The settlement provides, among other things, that McDonald's
will issue an apology, which will be published on its web site
and in certain print publications. Moreover, as part of the
settlement, McDonald's will pay $10 million into a cy
pres fund for distribution to charitable
organizations promoting, among other things, vegetarianism, Hindu
and/or Sikh religious practices, Kosher dietary laws, and
children's nutrition and hunger relief. Finally, an advisory
board will be formed to make recommendations to the
company regarding the vegetarian, non-beef, and non-meat eating
categories of consumers, as well as the dietary restrictions that
correspond to each category.
Questions about the case or the
settlement should be addressed to Sherrie Savett, Esq. (firstname.lastname@example.org) or Michael
Fantini, Esq. (email@example.com).
The following documents are available for review: