Drive-In Don's fast food restaurant sells the utmost delicious burgers in town at the most affordable price. Elementary as well as high schools in the vicinity have contracted with the restaurant to serve burgers during lunch hour. But 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 hurts 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.
• Do George as well as Mary have a case and what are their strongest legal arguments? Explain.
• Explain what defence(s) if any do the school and the restaurant have? Explain.
• Can the government agencies like the Federal Trade Commission (FTC) help the plaintiffs in any way? Explain.