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That lawsuit, which Hirsch intended as a class action, was dismissed twice, the second time with prejudice, for failing to adequately state a claim. The first time around, in January 2003, U.S. District Judge Robert Sweet declared that "any liability based on over-consumption is doomed if the consequences of such over-consumption are common cattle m.e knowledge....If a person knows or should know that eating copious orders of supersized McDonald’s products is cattle m.e unhealthy and may result in weight gain...it cattle m.e is not the place of the law to protect them from their own excesses. Nobody is forced to eat at McDonald’s....Even more pertinent, nobody is forced to supersize their meal or choose less healthy options on the menu."
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