Unhealthy Lunches (Essay Sample)
Assignment 2: Unhealthy Lunches
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, the Argosy University online library resources, 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.
Write a 4 page paper in Word format. Apply APA standards for writing style to your work.
Unhealthy lunches
Student name
Lecturer
Institution
Date
Introduction
This case is all obesity provision of unhealthy lunches to the school pupils. The school administration is said to contract Drive-In Don to supply the school pupils with burgers during lunch hour. The burgers are claimed to have healthy effects on the pupils of the school. This is evident in the activity level of the children and children suffering from extreme obesity and risk suffering from diabetes. Before a school provides a contract which touches on the health of the students, it ought to have requested an inspection report of their foods which is then approved by the responsible authority. In this case, the count healthy department needs to be aware of the healthy and safety status of the burgers. This paper will discuss legal arguments which relate to the burgers supplied, defences available to the school and restaurant and role of government agencies in protection of safety of consumers.
Response to George and Mary case
It is true that George and Mary have a case concerning the safety of their sons. They have a case to sue the school for contracting a company which did not prevent an inspection report to prove the safety of their foods. The restaurant also is to disclosing the ingredients of their foods posing healthy risk of their children the two, George and Mary, have a case since they are parents of the sons schooling in the school. The restaurants need to provide details of the food ingredients they se to cook the burgers. There is also evidence of consumers risking being diabetic and obese.
The legal arguments available to the plaintiffs will be based on the report from the county health department that children from these schools have the highest cholesterol, are the most obese and are the least active. It has been proved that Randall suffers from extreme obesity and high cholesterol and runs risk of diabetes. They will also seek to know if the restaurant provides the suppliers (school) of the details they use as ingredients for the food products. The restaurant has not come out to explain why consumers after taking their burgers turn out to be obese and run the risk of diabetes. It is the duty of food restaurant to assure its intended consumers of safety levels of their food products. This will protect the image of the restaurant. The restaurant has a duty to care and failure to which will be negligence on their part. They ought to have a reasonable care and duty bound to address the healthy and safety issues relating to their burgers.
School defence to the case of George and Mary
The school will argue to lack capacity to test the safety of the foods supplied in their vicinity. The restaurant has good reputation of selling the most delicious burgers in town at the most affordable price. There is no school rule obliging the school to eat burgers during lunch hour. It is the children choice to be served with burgers during lunch hour. Another legal argument will revolve around the report from the county health department being too general and none of the children from the school was tested. The report refers to children from those schools meaning it is a general report which does not refer to the specific school.
Defense available to the Drive-in Don fast food restaurant
The fast food restaurant will argue that the county healthy report did not specify in their report that their burgers are risky for consumption. The report just point out that the children are obese, less active and run risk of diabetes. The plaintiff argument that the restaurant is engaging in illegal deceptive advertising of its foods and it is not truthful o its consumers are malicious. They will also support their case by saying that the ingredients are clearly indicated on the packages of the burgers. The children does not only eat lunch, but take super and breakfast else. It will unfair to claim that it is only consumed burgers during lunch hour which makes the children to be obese and less active. Too much class work without exercise will make the children to be obese and less active. The school needs to engage the children in physical exercise fro fitness. The school did not also request details of food ingredients of their food products. They are other suppliers in town. The other group of consumers have not so far leveled complains in relation to their supply of burgers. They have reputation of selling th...
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