Class-action suit targets McDonald’s in Quebec over advertising to kids
A Quebec Superior Court judge has authorized a class-action lawsuit against McDonald’s that claims the fast food restaurant illegally advertises to children. Under Quebec’s Consumer Protection Act, “no person may make use of commercial advertising directed at persons under 13 years of age.” The lawsuit claims that displays inside McDonald’s restaurants showing Happy Meal toys violate this law. “The authorization is, of course, preliminary, but the judge basically found that we made an arguable case that the displays when you walk into McDonald’s directly incite children to buy either toys individually or Happy Meals,” said Joey Zukran, the lawyer who filed the suit. Authorization — similar to a process called certification in other provinces — allows a lawsuit to be filed on behalf of a group, or class. Anyone who purchased a toy or a Happy Meal for a child under 13 who was present with them at a Quebec McDonald’s while an “advertising campaign directed at children” was happening in the restaurant since Nov. 15, 2013 is now part of the class. “What we’re seeking are three things, the first thing and I would even consider this probably the most important thing is an injunctive relief, which means that we want the court to order McDonald’s to stop using the prohibited practice, which is the displays both in the drive-thrus and in the restaurants,” Zukran said. The lawsuit also seeks reimbursement for individual toys that were purchased as well as a portion of sales of Happy Meals with toys sold to children under 13.
“The third thing we’re asking are punitive damages for what we consider to be a blatant violation of Quebec consumer protection law for over 25 years,” Zukran said. “This violation is a serious one, it’s a public health issue, which is why it’s so important to us and it’s been ongoing and intentional.” The value of the damages being sought have not yet been determined and, after application for authorization, there could be hundreds of thousands or even millions of people in the class. A spokesperson for McDonald’s said the company has received the ruling “and plans to examine it carefully.” “We are aware of our obligations under Quebec’s advertising laws and reiterate that we do not believe this class action has merit,” said Adam Grachnik, an external communications manager at McDonald’s Corporate Relations. McDonalds argued against authorizing the suit, saying it only advertises Happy Meal toys inside restaurants and drive-thru lanes in Quebec. It said Happy Meal boxes in the province don’t have any reference to toys, nor does the company’s French-language Canadian website, according to the judge’s ruling. McDonald’s also said, according to the ruling, that it continues to abide by a voluntary agreement relating to advertisements aimed at children that it signed with the Office de la protection du consommateur in 1985. There are some exceptions to the ban on advertising aimed at children, according to the ruling. For example, there can be some advertising aimed at children in store windows, but those advertisements can’t directly incite a child to buy something, or to encourage someone else to buy something for them. McDonald’s argued that any in-store advertising falls within those exemptions. The next step will be for the judge to hold a hearing to determine how class members will be notified. “As far as we’re concerned, we’re preparing for a trial,” Zukran said.