Judge Throws Out Refiled Obesity Suit Against McDonald's

For a second time this year, a federal judge Thursday threw out a refiled lawsuit against McDonald's Corp. (MCD) blaming the fast food restaurant chain for obesity and health problems in children.

U.S. District Judge Robert Sweet dismissed the suit that accused McDonald's of misleading the plaintiffs through advertising and other publicity that its food products were nutritious. Sweet had thrown out an earlier version of the suit, but had allowed the plaintiffs to refile the case with new information.

Sweet said the plaintiffs failed to show that the fast-food chain misled consumers into believing its food was nutritious and part of a healthy diet. He rejected a request that the plaintiffs be permitted to file a new version.

The Manhattan judge said the lawsuit failed to back allegations that any injuries resulted from McDonald's representations about its french fries or hash browns.

In his earlier ruling, Sweet said consumers cannot blame McDonald's if they choose to eat there.

"If a person knows or should know that eating copious orders of supersized McDonald's products is unhealthy and may result in weight gain ... it is not the place of the law to protect them from their own excesses," Sweet wrote at the time.

Reuters and the Associated Press contributed to this report.