The ruling marks the second time U.S. District Judge Robert Sweet dismissed the case brought on behalf of two youngsters who blamed their obesity, diabetes and other health problems on Big Macs and Chicken McNuggets.
Sweet said the plaintiffs had not followed detailed instructions he gave when he first threw out the case and told the plaintiffs they could submit a new filing with information backing up their advertising allegations.
This time, he barred them from filing another version, quelling litigation fears the suit had sparked in the food industry, .
“The plaintiffs have made no explicit allegations that they witnessed any particular deceptive advertisement and they have not provided McDonald’s with enough information to determine whether its products are the cause of the alleged injuries,” Sweet said.
“Finally, the one advertisement which plaintiffs implicitly allege to have caused their injuries is objectively nondeceptive,” he said.
The suit had raised fears in the food industry of a new wave of tobacco-like litigation against restaurants and manufacturers. Anti-tobacco lawyers attended a seminar during the spring in Boston focusing on the possibility of bringing more suits over fattening foods.