Youngsters sue McDonald's for failing to warn that fast food can lead to obesity

Eight New York children are suing McDonald's, the fast-food giant, accusing it of failing to make clear that a daily diet of Big Macs and chips would leave them obese and, in some cases, diabetic.

The landmark legal action - the first of its kind against a fast-food chain to reach a US courtroom - charges McDonald's with violating consumer fraud laws by failing to detail adequately the health implications of eating in its outlets.

Victory for the plaintiffs could have enormous consequences for the industry in the US, which is blamed by many for creating a national epidemic of obesity. Yesterday, in pre-trial proceedings, a Manhattan judge was considering a motion from lawyers for McDonald's that the case be dismissed. It was "the kind of lawsuit that shouldn't be in court", said Brad Lerman, an attorney for the chain.

But Samuel Hirsch, the lawyer bringing the case, accused McDonald's of deliberately targeting children, and said the health effects of its food were "a very insipid, toxic kind of thing". It was "a serious lawsuit with serious issues", he stressed. "Young individuals are not in a position to make a choice after the onslaught of advertising and promotions."

One of Mr Hirsch's clients ate three meals a day at McDonald's for three years while living at a homeless shelter, according to court documents, while another, Jazlyn Bradley, said a McMuffin for breakfast and a Big Mac for dinner was her regular diet. Gregory Rhymes, another client, weighs 181kg (28st 5lb) and suffers from diabetes, having eaten at McDonald's nearly every day since he was six, the documents said.

"I normally order the Big Mac, fries, ice-cream or shake," he said in an affidavit. "I like to supersize my orders." His mother, Ruth, said she would have stopped him, but she "always believed McDonald's food was healthy for my son".

"People don't go to sleep thin and wake up obese," Mr Lerman told the court on Wednesday. "The understanding and comprehension of what hamburgers and french fries do has been with us for a long, long time." The company's motion to dismiss went so far as to quote Benjamin Franklin - "to lengthen thy life, lessen thy meals" - to prove that such wisdom was longstanding.

But Mr Hirsch said if the case went to trial he planned to make it a class-action lawsuit on behalf of all New York children who claim McDonald's has damaged their health. Any precedents could also prove central to the case of Caeser Barber, a 56-year-old New Yorker who filed a suit in July against McDonald's, Wendy's, Kentucky Fried Chicken and Burger King, seeking damages after becoming obese and suffering two heart attacks.