By Jon Hood
ConsumerAffairs.com
September 3, 2009
Cigarettes, scalding coffee, hot dogs: American consumers don't shy away from litigating fraudulent marketing or nondisclosure claims when the result is severe injury or health problems.
The newest culprit, apparently, is sodium. In a class action lawsuit, a Chicago man accuses Denny's of putting consumers at risk by serving meals with dangerously high levels of sodium, and by failing to properly warn diners of the risk. Jason Ciszewski, a Denny's regular, says in his complaint that he now suffers from high blood pressure, requiring him to reduce his salt consumption and take prescription medication.
According to Ciszewski's complaint, many of Denny's selections "contain more sodium than a human being should consume in 4 days." Ciszewski's attorneys charge Denny's with deceptive practices, alleging that the restaurant was not sufficiently forthcoming about the health risks presented by its food. The lawsuit also alleges unjust enrichment, breach of warranty, and breach of contract. Ciszewski is seeking $5 million in damages.
Hypertension, a serious consequence of excessive sodium intake, is a hidden epidemic. One in three Americans has high blood pressure, a figure that health officials blame on high-sodium diets lacking in magnesium, calcium, and potassium. The average healthy young adult can take in 2,300 milligrams of sodium in a day; individuals over 40 should keep it to 1,500 milligrams. Those with hypertension are generally urged to further limit their intake, as sodium consumption matched with high blood pressure leads to a higher risk of heart disease or a stroke.
Saying that Ciszewski's favorite dish exceeds the daily recommended limit would be an understatement. According to his complaint, Ciszewski is partial to the Meat Lover's Scramble, which Denny's online menu describes as, "Two eggs scrambled with bacon, diced ham and crumbled sausage, and topped with Cheddar cheese." In case you're still hungry, the omelet is served with two strips of bacon, two sausages, hash browns, and two pancakes. All in all, the gargantuan meal contains 5,600 milligrams of sodium, more than double the recommended intake for even the healthiest individuals. If that's not bad enough, the dish also boasts 1,960 calories and 112 grams of fat.
Ciszewski was also a fan of the "SuperBird" turkey sandwich and "Moons Over My Hammy," which consists of ham, scrambled eggs, and two kinds of cheese, stuffed between sourdough bread slices and served with hash browns or grits. The dishes contain 2,600 and 3,200 milligrams of sodium, respectively.
Lawsuits accusing restaurants of knowingly selling unhealthy food are hardly novel. In 2005, McDonald's settled a lawsuit alleging that the chain broke an earlier promise to reduce its use of trans fats, and failed to inform consumers. As part of the settlement, McDonald's was required to notify consumers that it was still using trans fats in its meals. In 2007, Burger King was slapped with a similar suit, which claimed that the fast food restaurant used partially hydrogenated oil despite the substance's link to heart disease.
As America's obesity epidemic grows, some municipalities are taking matters into their own hands. In 2006, the New York City Board of Health voted to ban trans fats from restaurant food; Philadelphia followed suit the following year. New York went a step further in 2008, requiring all fast food chains to display caloric content on their menus. The regulation was enacted with the hope that diners will forgo a Big Mac when its 540 calories are staring them in the face.
Even without legislative intervention, it is easier than ever for consumers to find the nutritional content of the foods they eat. Ciszewski's suit claims that Denny's nutrition-related disclosures are "indecipherable." However, Denny's online menu contains a prominently-placed "Nutrition/Allergens" link that leads visitors to a PDF file containing nutritional information for Denny's items. The chart includes total calories, grams of fat (including saturated and trans fats), cholesterol, and sodium for each menu item.
Cisewzki's lawsuit follows a similar one filed by Nick DiBenedetto of New Jersey, who also claimed that Denny's meals contained much more sodium than the average person can ingest healthily, and that Denny's did not do enough to disclose the sodium levels in its meals. DiBenedetto's lawsuit is being supported by the Center for Science in the Public Interest (CSPI).
