McDonald’s filed a lawsuit in the United States against its former CEO, Steve Easterbrook, after it was revealed that he had several consensual sexual encounters with workers in the year before his leave and maintained them hidden. Easterbrook misled authorities and threw away proof of his wrongdoing; he prioritized his interests over McDonald’s. Shareholders have filed a lawsuit against the corporation for attempting to prevent misbehavior and prioritizing speed over accuracy in resolving the issue. Negligent recruitment and retention responsibility are widely used to describe an employer’s commitment not to recruit or keep a worker (Monteiro et al., 2019). The supervisor was aware of or should have been aware of the likelihood of engaging in behavior against other persons or otherwise subjecting workers or third parties to legal responsibility. Companies can be held accountable for their workers’ intentional misbehavior (dos Santos et al., 2017). This work is written to study the case of negligence at work since negligence is the most common type of tort.
If a McDonald’s fails to vet a worker before hiring them thoroughly and they cause harm to others, the corporation may be held accountable for their conduct. A McDonald’s, for instance, should examine all prior work, certification qualifications, and current professional associations before hiring an executive chef (Rushchenko et al., 2020). If the chef commits frequent culinary errors that cause health concerns for diners, the popular fast food restaurant is likely to be held accountable since it failed to do a basic employment background check. This is one of the reasons why criminal history checks are required. If a person strikes colleagues and consumers and can demonstrate that a criminal history check revealed past violent conduct, the business may be held liable. Assume an employer knows an employee’s risky, unpredictable, or disrespectful behavior but does not fire the worker. In that instance, McDonald’s might be held accountable for ensuring the safety of others.
References
Monteiro, I., Correia, M. B., Goncalves, C. (2019). Transforming a company’s staffing process: Implementing e-recruitment. Journal of Spatial and Organizational Dynamic, 7(2), 144-157.
Rushchenko, J., Rushchenko, I., Plakhova, O. (2020). Mitigating hiring risks through pre-employment background screening: Methodology based on the personnel security approach. Technium Social Sciences Journal, 9, 577.
dos Santos, N. R., Pais, L., Cabo‐Leitão, C., Passmore, J. (2017). Ethics in recruitment and selection. The Wiley Blackwell Handbook of the Psychology of Recruitment, Selection and Employee Retention, 91-112.
In Liebeck vs. McDonald’s, it seems that the plaintiff proved all elements of negligence including DUTY OF CARE, FACTUAL CAUSE, PROXIMATE CAUSE, BREACH, and DAMAGES. The research shows that gross negligence was detected in relation to McDonald’s customers who burned their skin as a result of extremely hot coffee all over the country. At the same time, the corporation’s management was aware of that situation and took no measures to improve the situation concerning sale, manufacture, and marketing of excessively hot coffee. Liebeck also proved that scarring on her body caused her both physical and psychological damages. Thus, it is evident that such a result of severe consequences required comprehensive recovery.
One of the key arguments of McDonald’s was the statement that everyone knows that coffee is usually served hot, and Liebeck should know about it as well. Besides, the cups have the corresponding warning. The defendant insisted that it is a known fact that unsafe drinking of coffee heated to 190 degrees can cause burns. However, I consider that risk defense assumed by McDonald’s cannot be applied in this case as people older than 65 years are at more at risk of spilling coffee and thus more prone to burns. At this point, McDonald’s agreed that their clients are unlikely to assume that they will get third-degree burns in case they spill their coffee, especially if they cannot eliminate hot liquid immediately from their clothes. Therefore, it is possible to point out that Liebeck won the case as it was extremely dangerous from the side of this corporation to serve unreasonably hot coffee to its visitors.
Speaking of the Miami Beach police department Operation Intercept, it is possible to note that unmanned aerial vehicles that are also known as drones and drug dogs are applied in accordance with Fourth Amendment. Taking into account reasonable expectation of privacy, many people can consider that the use of the mentioned measures to fight against drug trafficking as non-constitutional, in other words, breaking the right to privacy declared by Constitution. However, it is essential to state that only reasonable search can be justified. This means that the appropriate use of drones and drug dogs assumes the search of public places and collection of certain types of information that are not prohibited by law, while states can establish their own statutes concerning this issue.
At the same time, Fourth Amendment guarantees a person’s right to protection of his or her property against unreasonable searches and seizures. In this case, the fact that dog alert requires some time can cause debates around the topic of the legality of the prolonged detention. In particular, Fourth Amendment declares that solely traffic-based inquiries are to be made on highways. Besides, the roadway safety is not associated with dog sniff that, in its turn, causes some doubts in the constitutionality of police actions.
Thus, it can be concluded that Operation Intercept can be considered from different angles, thus leading to intense debates. Therefore, it seems that certain policies regarding this issue need to be developed and implemented in accordance with Fourth Amendment as well as states’ regulations. I would like to emphasize that in spite of successfulness of the operation initiated by the police head, it is of great importance to protect citizens’ right to privacy that is ensured by Constitution.
In 1992, the story of Stella Liebeck, who spilled McDonald’s coffee on herself, received burns, and sued the company a year later, became a sensation. The most significant thing about the case concerned the amount of reward — almost three million dollars. Such a situation seemed absurd for most people. The situation became the subject of anecdotes, comedian shows, and everyday jokes. Although many people considered the case as unreasonable, the outcome of the coffee case was fair because of the severe damage to the health of Stella Liebeck.
Summary of the case
As it is described in the New York Times, the story began in 1992, when a 79-year-old woman, Stella Liebeck, ordered a coffee at a drive-through at McDonald’s in New Mexico. As far as there was no place to put the coffee, the women put it between her knees. Unfortunately, she spilled coffee and received burns. She was delivered to the emergency and doctors reported that sixteen percent of Liebeck’s skin was damaged. Six percent of all injuries were identified as third-degree.
A year later, the old woman decided to sue the company for damages. Her primary aim was to make McDonald’s change the standards of serving coffee and receive compensation for at least medicines. The trial decided to award Liebeck, and the amount of compensation comprised almost two hundred thousand dollars. Besides, she received nearly three million dollars in punitive damages.
Arguments for the fairness of outcome
According to the U.S. laws and legal system, every person should be protected adequately. Thus, the U.S. courts favor the so-called “tort claims”. Thus, every resident who suffered from particular damages has the right to protect his or her individuality by making a claim. The second fact concerns the health condition of the victim. According to Hot Coffee, three-degree burns are regarded as the most dangerous type. They do not heal without medical treatment. The photos of Liebeck’s damaged skin justified the terrible condition of her health.
Counterarguments and rebuttal
The primary argument against such a decision referred to the fact that most people considered such an outcome to be abnormal. Second, the issues related to the punitive damages arose. Some individuals used lawsuits as the means of the accomplishment of their personal goals. According to the article “Law v Common Case” published in The Economist, “the direct costs of lawsuits are only one of the drawbacks of an over-legalistic society”. The attempts to settle this issue mostly referred to the legal limitations of the punitive damages according to “Tort on stilts” in The Economist.
Although there are cases when the right for tort claims gives advantages to people with dishonest purposes, the case with McDonald’s hot coffee does not belong to this group. Several additional factors prove the seriousness and deliberateness of the outcome. First, McDonald’s company served coffee that was scalding and could cause severe damages in fifteen seconds in case of the spill. Second, the statistics showed that not only adults but also children and infants were burned (Hot Coffee). Third, punitive damages were decreased for Stella Liebeck by the court though it was not mentioned in any media.
Conclusion
The outcome of the case with McDonald’s hot coffee was fair as far as it presented the ability of the U.S. law to protect its residents. Besides, it resulted in making McDonald’s services safer for many people.
Works Cited
FAQ about the McDonalds Coffee Case. n.d. Web.
Stout, Hilary. Not Just a Hot Cup Anymore. 2013. Web.
Stella Liebeck, a 79-year-old woman from Albuquerque, New Mexico bought a cup of coffee from a local McDonald’s restaurant (Ralph & Wesley 268). Liebeck went to her car at the restaurant’s parking to prepare the coffee and drink. In the process, she had placed the cup of coffee between her knees while attempting to open the lid to allow her to pour sugar plus cream into it (Bloom, Haltom & McCann 13). The coffee spilled on her lap causing serious burns on her buttocks, thighs as well as groin (Ralph & Wesley 268). This happened on 27th February 1992. The coffee had been heated to 190 F which was far much above the point at which other restaurants boiled their coffee (160 F) (Cain 9). When she was rushed to the hospital, it was found out that she had suffered third-degree burns on 6% of her skin as well as another 16% to a lesser degree (Ralph & Wesley 268). She suffered serious burns since she had won cotton sweatpants which had absorbed the hot coffee (Cain 4). As a result, she had to undergo skin grafting which cost her close to $20,000 in medical bills. In addition, she lost 9 kg of her body weight in eight days of hospitalization (Gerlin 4). This was followed by 2 years of medical treatment. However, when she contacted McDonald’s to help her pay part of the bill of about $20,000, McDonald’s declined (Gerlin 1). Instead, McDonald’s blamed her for her injuries arguing that she could not have placed the cup of coffee between her knees and that she could have taken off her pants on time. McDonald’s claimed that her age contributed greatly to her injuries since older people normally have thin skin.
Filing of the case
When McDonald’s refused to pay the $20,000 in medical bill and loss of income only offering to pay $800, Liebeck retained Reed Morgan, a Texas attorney (Cain 5-6). Morgan filed a lawsuit against McDonald’s at New Mexico District Court accusing the company of gross negligence in selling unreasonably dangerous as well as defectively manufactured coffee to Liebeck. Morgan claimed that the coffee served to Liebeck was excessively hot as compared to coffee served in other restaurants and that that was the major cause of Liebeck’s injuries (Gerlin 4). However, McDonald’s maintained that Liebeck was to be blamed for the injuries claiming that she could have mitigated the impacts by not placing the cup of coffee between her knees and taking off her pants as fast as possible.
Trial
The trial began on the 8th of August 1994 and ended on the 17th of the same month. Liebeck’s attorneys found out that it was McDonald’s policy to serve coffee to customers at high temperatures of 180-190 0F (Cain 9). They argued that at that temperature, it was possible to suffer third-degree burns within 12-15 seconds if the coffee served at that temperature spills on the skin, and this would call for skin grafting to heal (Cain 9). McDonald on their part had argued that they served coffee at that temperature to meet the needs of customers who wanted to drive for some distance with the coffee (Cain 10).
Jury’s verdict
The verdict was made on the 18th of the same month. The jury established that McDonald’s was 80% responsible for Liebeck’s injury while the remaining percentage was the fault of the plaintiff (Cain 14). The jury reached that though the coffee cup had a warning on it; it was not enough to prevent injuries. The jury found McDonald’s liable for the injuries as it believed that the company had acted willfully and recklessly. As a result, Liebeck was awarded compensatory damages of $160,000 after subtracting her 20% role in the incident (Cain 14). She was also awarded punitive damages of $2.7 million (Cain 14). This represented McDonald’s two days sale of coffee.
The appeal of the case
This decision was later appealed by McDonald’s. The judge at the appeal court lowered the punitive damages to $480,000, which was thrice the compensatory damages, totaling to $640,000 (Cain 14).
The standards applied in determining liability
The jury applied the principles of comparative negligence to determine the liability of the case. In comparative negligence, the jury or the judge sums up the total damages and then reduces the amount based on the extent to which the complainant contributed to the cause of the damages/injury. This is applied specifically in a negligence-based claim where the jury decides on the extent to which the complainant’s negligence versus the negligence of all other actors who contributed to the cause of the damage/injury, put together. In the Liebeck v. McDonald’s case, the jury determined that the total compensatory damages were $200,000; however, since the plaintiff, Liebeck, was also 20% responsible for the cause of her injury, she was only supposed to be paid 80% of the compensatory damages which was $160,000 (Gerlin 12).
The basis of the judgment
The case was based on manufacture defect since the jury established that McDonald’s had provided a warning on the cup of coffee. Liebeck’s attorneys had accused McDonald’s of selling unreasonably dangerous as well as defectively manufactured coffee. During the trial, Liebeck’s attorneys had proved to the jury that McDonald’s had heated coffee to a temperature that was above the standards of other restaurants making its customers vulnerable to third-degree burns within 12-15 seconds.
Difference between failure to warn, design defect, and manufacturing defect
In cases based on failure to warn, claims for injuries or damages are based on whether the product which caused the injury/damage had defects. The jury/judge must also determine whether the complainant’s injury was caused by the use of the product as well as whether the defendant is the manufacturer of the product. The manufacturer had known or ought to have known the risk but did not provide adequate information or warning.
In design defect, the jury/judge has to determine whether the product failed to perform as safely as per the expectation of the consumer when used as was intended. The complainant’s injury must have resulted from the use of the product that had the defect in the design by the time it left the manufacturer’s or supplier’s store.
In manufacture design, the product that caused the complainant’s injury or damage must have had a defect in its manufacture by the time it left the manufacturer’s possession. While the manufacturer could have avoided the risk, decided not to.
How the lawsuit affected the industry
This lawsuit made most coffee vendors improve their packaging in an attempt to avoid such accidents. Although McDonald’s has not lowered the temperature of its coffee, it provides sternly-worded warnings on coffee cups to avoid such liabilities (Cain 18).
Ethical view
In my opinion, McDonald’s had acted unethically by refusing to respond to Liebeck’s plea to help her pay the medical bills, and instead adopting a blame tactic to push her away. Again, McDonald’s had acted without consideration of the safety of its customers. McDonald’s was aware of the 700 cases of burns that had resulted from its highly heated products which had cost the company about $500,000 in lawsuits but still refused to change its policy. Besides, McDonald’s knew that its coffee’s high temperature could cause serious, third-degree burns but did not provide adequate warning to its customers.
Works Cited
Bloom, Anne, Haltom, William and McCann, Michael. “Law & Society Symposium: Java Jive: Genealogy of a Juridical Ico.” 56 University of Miami Law Review 113 (2001): 1-19.
Cain, Kevin. And Now, The Rest of the Story…: About the McDonald’s Coffee Lawsuit. The Houston Lawyer, 2007. Web.
Gerlin, Andrea. “A Matter of Degree: How a Jury Decided that a Coffee Spill is Worth $2.9 Million.” Wall Street Journal (1994).
Ralph, Nader and Wesley, Smith. No Contest: Corporate Lawyers and the Perversion of Justice in America. New York: Radom House Publication Group, 1996. Print.
The fundamental problems with the manner in which the case was put forward by McDonalds
After McDonalds thought they had somehow succeeded in coercing the London Greenpeace five to withdraw and apologize for their insinuations about the company, Dave Morris and Helen Steel were left unperturbed. Dave Morris and Helen Steel saw no sense to be victimized and resolved to fight an overarching multinational with a record of winning all cases it institutes against all dissenting voices (McLibel Trial Organization, 2009).
The way McDonalds narrowed down to only five members of the Greenpeace group is highly controversial. One wonders how a bigger and reputable organization of such status could lower itself to use spies in order to target individuals who had a due course to pursue. First, this move contravened the privacy act of the United Kingdom’s laws. The multinational went a step further to hire two investigative firms to introspect into a single issue concurrently. It can be argued that this would have made the participating investigators to take their eyes off the target and investigate one another. Some experts in law see this move as a counterproductive one.
There were instances which the investigators befriended some of the Greenpeace members to an extent of having relationship. This as well might have hampered their work as evidenced during the court proceedings. One of the investigators, Michelle Hooker, had an half a year relationship with one of the lobbyist. Some of the investigators went as far as breaking into the group’s offices and other malicious acts.
After McDonalds failed to silence the two, it sued them for libel and wanted reparation as part of the settlement. However Morris and Steel, with no legal battle experience set out to fight to the end. The two received financial backing from within the group as well as other well wishers.
In my opinion the McLibel case is a spectacular example to the extents which the world’s multinationals act with impunity. These multinationals seem even larger than life. They do not recognize foreign governments’ laws and regulations leave alone the parent country. International corporate laws are also weak to such an extent that settlements arrived at may not be binding to all parties especially if they originate from different countries.
The McLibel’s case is just an example of how multinationals are perpetrators of expansionist ideals. They go about their businesses in total disregard of human rights. For instance, it is an undisputable fact that consumption of junk food eventually lead to health complications like obesity and hypertension among others. What McDonald did was to circumvent the laws by filing constitutional cases and raising as many objections as possible. It went to extreme ends by coercing members of the Greenpeace group to agree to an out of court arrangement.
It would also be argued that McDonalds use the financial muscle it has to meet its ends, means notwithstanding. By using false advertising particularly touching on children was an inconsiderate move. But instead of retracting such stances, it replies with empty rhetoric and real threats to whoever is raising an alarm. This is just the tip of the iceberg of the ills which multinationals operate.
A critically evaluation
However, in the United Kingdom, there is no provision for legal services on defamation suits. What the defendants only got was just two hours of complimentary legal guidance. This particular advice was surmised to a single premise that in legal trial touching on defamation was intricate and usually ends up in favor of the claimant. It was also determined that the two would incur colossal legal fees. It was also viewed that the McDonalds had the most formidable legal lineup consisting of top lawyers as well as getting advice from libel consulting experts. It was further argued that the case would not even go through the legal complications to qualify for a complete trial.
Consequently, Keir Starmer, an advocate by then offered his services for the two. Before a trial could be commissioned, there are multiple precluding examinations and processes which ought to be comprehensively covered. The two defendants had to be put in order their argument. This basically had a well thought out and evidential reply to McDonalds’s proclamation paper it had filed. After that, they would be taken through a number of ‘Further and Better Particulars of Justification and Fair Comment’ practices.
When the initial case was ruled in favor of McDonalds, Morris and Steel went a step further and sued the government of the United Kingdom at the European Court of Human Rights. The main aim by this time was to force the government to grant rights to free legal aid on libel cases or otherwise to amend the statutes governing the same.
On the other hand, McDonalds had done all it could to see that the two did not succeed in any way. First, its legal team declined to release all the pertinent papers it had. McDonald’s lawyer further claimed that the defendants’ arguments were pathetic such that the two were in no position to bring into being any sort of proof as they had claimed. This led to the thinking that is if the situation was so, then the majority of the claims could be scrapped thereby not necessitating McDonald’s submission of the said papers. The adjudicator, by breaking the precedents, then borrowed this argument and gave the defendants some time to hand over accounts by witnesses.
It became even more interesting when the defendants produced 75 proclamations from the witnesses to the case. To counter this move, the McDonalds introduced to its now fledging legal panel a revered trial attorney, Richard Rampton, albeit with a sizable fee paid to him per day among other payments.
Rampton then demonstrated the heavy perks he got paid by submitting an application suggesting that the trial be presided over only by one judge and postulated that empirical corroboration was indispensable in exploring the links connecting diet and ailments. This, he said, were beyond the comprehension of a lay man. On the contrary, both Morris and Steel were neither trained nutritionist nor doctors by any measure.
Similarly, a judgement was passed in support of McDonald. This was borrowed from the fact that average for members of the public would be in no position to adjudicate matters of such magnitude and therefore the case would be handled by one judge instead of a jury. It was further alleged that the jury would even wonder why there was any case in the first place.
McDonald further applied for an injunction barring some of the defending statement by witnesses claiming that they did not meet requirements while others were vague or unsuitable. The judge decided to leave out the whole of rainforest segment and other claims touching on overseas Trade Union rows.
It is therefore justified to say that in as much as Morris and Steel tried; it was a tall order for them to put up a good case against the McDonalds. Without any sound legal and financial backing they had absolutely no chance. McDonalds, on the other hand, had all the requirements for a successful court battles starting from the legal panel to the financial might.
An evaluation of the final verdict of the European Court of Law and recommendations
The final verdict of this long case was taken to the European court because there raised a controversy in the British court therefore the European court was to have the final say. The court ruled that the British laws have a suppressive nature of denying citizens right of expressing themselves. It showed that citizens don’t have a right to criticize company malpractices that harm people. McDonald had several unethical issues that they were involved with but when they were challenged they ended up suing people and complaining that they were being defamed (Ritzer, 2004, pp. 75).
Citizens have a right to express themselves in whichever way they can as long as it is not incitement or against the law. The campaign done against unhealthy food and unfavourable working terms in McDonald was a legal thing to do since it was the truth. Selling unhealthy food especially to children is an act of exploitation since the main objective of the organization is to maximize profits. Any company or firm that produces food products should make sure that the food is fit for human consumption and not just being after money making (Armstrong, 2006, pp. 52).
.It would be recommended that an injunction would be ruled towards the McDonalds that they should stop misleading advertising and improve the quality of the foods that they sell, improve the wages and conditions of the workers and to stop ill treating the animals. The undermined when they air their grievances.
The favourite part of the film “McLibel: Two people who refused to say they were sorry”
In this movie, there were five activists who were identified by McDonald’s spies. Each of them was given a desolate choice of either apologizing for the allegations made in the leaflet or be taken to court. Among the five activists, three of them apologised but two of them refused to do so. The three activists apologised because they didn’t have money, had no information regarding the legal system, and there were minimal chances of defeating McDonald. The other two that is Morris and Steel refused to apologise in the claim that they were being bullied. According to the information given by steel, McDonald and his team were supposed to apologise to people instead of them doing so. He claims that they have caused a lot of harm to the society, and that is why they should apologise to the society (Hardling, 2007, pp. 57).
This part is the most favourite in the film. They spent over three years in court and experienced overwhelming chances which changed their lives. They were refuted from legal assistance and a right to fair trial. In the film, Morris managed to bring up his son outside the court room while on the other hand Steel was supporting herself with the cash that she was paid in a bar at night. As they were struggling in court McDonald was using every trick against them. He had put aside skilled and expensive experts, company executives and board committees who will testify against Morris and Steel (Ritzer, 2009, pp. 101).
Having no cash, witnesses and inadequate experience in the legal system, Morris and Steel found a team of supporters who surrounded them and became their witnesses. The most interesting part is the numbers of the witnesses, especially those who knew more about McDonald for example, McDonald’s workers, McSpies and a former actor and all were willing to testify against the plaintiff (Gillespie, 2007, pp. 271). In this film, the case seems to be so critical in that it was the first time that a multinational company practises were put in the eyes of the public scrutiny (Top Documentary Film, 2008).
References
Armstrong, F., 2006. The true story of two people who refused to say Mcsorry. Michigan: Revelation publishers, pp. 45- 60.
Gillespie, A., 2007. The English legal system. London; Oxford University Press, pp. 87-93.
Hardling, C., 2008. Human Rights in the Market Place: The Exploitation of Rights Protection by Economic Actors. Markets and the law. Ashgate Publishing, pp. 54-61.
Have you ever eaten at McDonald’s? When I was younger, I used to beg my parents and grandparents to take me to McDonald’s before we would go home. Sometimes McDonald’s was even used as an award for good behavior or accomplishing a particular milestone. I especially remember them being known for their delicious burgers, fries, and nuggets. They knew exactly how to catch younger children’s attention through the famous Ronald McDonald and promoting happy meals with happy toys. This strategy has been very effective since 1955, and it is just as popular or even more by now. McDonald’s also presents bright colors such as red and yellow that help promote their products. These colors give off a warm and happy sensation towards which people gravitate. The specific ad that I recently came across has the slogan “Fuel up…feel good”, which demonstrates a gas pump pouring fuel into a Coke. In other words, this advertisement communicates that drinking Coke gives one the energy and enthusiasm they need. This ad specifically targets adults because children may fail to understand why the gas pump is pouring fuel into the Coke. In addition, the ad features a big mac and large fry, which are adult meals. In essence, the McDonald’s ad effectively applies bright colors, slogans, and imagery to sell.
Bright Colors
Colors communicate a variety of concepts and evoke different feelings in individuals. McDonald’s main advertisement goal is to retain its customers while attracting new consumers, implying that their choice of color has to be significantly impactful. The company has effectively utilized the connection between appearance and appetite by ensuring that its advertisements contain bright colors to attract viewers and provoke them to try the products. Although one may argue that the ad does not alter their consumption habits, McDonald’s color choices significantly promote the consumption of its products. Kilbourne argues that “Advertising is subliminal: not in the sense of hidden messages embedded in ice cubes, but in the sense that we aren’t consciously aware of what advertising is doing” (59). This effect is evident in the ad since the red hue triggers hunger and appetite and draws consumers’ attention, while yellow communicates friendliness and happiness. With these attributes, customers are made to consume more of McDonald’s to satiate their hunger, hoping to achieve the happy mood evoked by the colors.
Slogan
Advertising slogans target specific groups of consumers by appealing to their feelings and culture. The ad uses the words “Fuel up…feel good” to demonstrate how good feelings result from consuming the company’s foods (McDonald’s 1). It communicates that one has to fuel at McDonald’s to be energized. This is an essential correlation because everyone wishes to gain the energy to push through the day. By appealing to the energizing aspect of McDonald’s food, more customers are attracted to it. In addition, the slogan is short and catchy, satisfying the youth and adults’ preference for precise information. The sound “f” repeated in the slogan makes it memorable, keeping McDonald’s in people’s minds. According to Xia, metadiscourse in advertising slogans, including repetitions and attitude markers, significantly influence customers’ perceptions, consequently increasing a company’s consumer base (1). In this ad, hearing the sound “f” repeatedly evokes a desire for food, leading more people to buy from McDonald’s.
Imagery
People tend to see, imagine, and reflect on symbolism conveyed through ads. In this case, the company uses a picture of a full course with a delicious-looking meal with a hose pouring fuel into the Coke (McDonald’s 1). This image creates a picture of a person getting instant energy, as would be obtained by a fueled car, to carry them throughout the day. In addition, the food shown in the ad is more appealing and better than in real life. Although the food may not be as delicious as imagined in real life, the image created in the ad keeps people attracted to it. The company also uses the Coke imagery to signify the energy boost one would get from using it. A combination of these images alters a person’s behavior. Kilbourne alludes that advertising is “both a creator and perpetuator of the dominant attitudes, values, and ideology of the culture, the social norms, and myths by which most people govern their behavior” (67). In essence, people follow the ad’s imagery seeking to recreate such experiences in their lives, adding to McDonald’s sales volume.
Conclusion
In conclusion, McDonald’s successfully uses the “Fuel up…feel good” to persuade people to think that if they eat the food, they will be happy and energized. The company uses a combination of colors, a slogan, and imagery to reflect the consumers’ desire for delicious food that energizes them and leaves them yearning for more. The ad targets the youth and adults who can easily relate to the images used and develop the desire to have feelings of satisfaction, happiness, and friendliness in their lives. The slogan’s memorable attribute makes it easy for customers to keep McDonald’s food in their memory. The ad appeals to consumers’ appetites, hunger, and desire for energy, expanding the company’s consumer base.
Works Cited
Kilbourne, Jean. “In Your Face All Over the Place.” Can’t Buy My Love: How Advertising Changes the Way We Think and Feel, Simon and Schuster, 2000, pp. 57-74.
Xia, Jie. “Linguistic Realizations of Metadiscourse in Advertising Slogans: A Case Study of McDonald’s.” 2020 5th International Conference on Modern Management and Education Technology (MMET 2020). Atlantis Press, 2020, Web.
The bandwagon technique has been traditionally used with products that have a high level of brand memory. For instance, McDonald’s company is one of the companies that have traditionally used the approach to attract more customers. A good example is the advertisement captioned “McDonald’s, over 99 billion served”.
The phrase has been used on print media and billboards across the world, and its main purpose is to tell potential customers that they need to join the 99 billion customers that have embraced the brand and the associated products1. This approach is quite effective in creating a positive appeal on various products because most people have a strong desire to be part of a trend in the market. Additionally, it is a technique that cannot be validated; hence, it creates a propaganda that cannot be challenged.
My Reflection as a Lawyer for McDonald’s Corporation
My duty as a lawyer is to defend McDonald’s Corporation against any unnecessary lawsuit. It is agreeable that Ms. Liebeck spilled coffee on herself. This event resulted in third-degree burns. According to me, I strongly believe that it was inappropriate for Ms. Stella Liebeck to sue the company. McDonald’s Corporation did not engage in any wrongdoing. This fact explains why the case became a classic example of detestable litigation. My company was willing to compensate Ms. Liebeck for the damages. It is also undeniable that McDonald’s has always served hot coffee to its customers. The coffee spilled when Stella was trying to add sugar and cream to it. She was also wearing cotton pants, thus scalding her groin and thighs with the coffee.
Ms. Stella’s decision to sue the company was misguided simply because she handled her coffee recklessly. This is true because the coffee inside the cup must have been hot. Ms. Liebeck decided to sue the Corporation, thus forcing me to defend it. This idea also explains why tort reforms are critical towards reducing such damages. The reforms would ensure every company or firm properly compensates its workers. Although the people might ignore the benefits of such tort reforms simply because they promote the welfare of corporations, the important thing is to ensure individuals such as Liebeck do not enrich themselves through such incidences. I am, therefore planning to defend McDonald’s Company against any legal action.
My Position as a Lawyer for NBC Television
Many people understand the implications of “McDonald’s Hot Coffee Case.” NBC Television has always informed the people about every issue affecting them. Many of NBC’s comedies have tried to defend McDonald’s Corporation against defamation. Our reporters, comedians, and editors understand the facts of the case very well. Their comments, arguments, and ideas are acknowledgeable because McDonald’s Company did not engage in any malpractice. It was inappropriate for Ms. Stella to sue McDonald’s Corporation. McDonald’s Corporation had always served its coffee in every drive-through opening. As well, the company was not the only coffeehouse serving foods and drinks with temperatures exceeding 54oC. According to NBC and other media houses, Stella Liebeck should be responsible for the injuries caused by her coffee.
I strongly believe that Ms. Liebeck was the one who spilled the hot coffee on her body. This single fact explains why the company was not involved in any recklessness or wrongdoing. The coffee served by the Corporation also complies with the stipulated standards. Some multinational restaurants and companies such as Starbucks always serve hot coffee. This fact explains why our comedies should not become a source of controversy. As a lawyer, I would defend every media house that attacks Stella Liebeck because the lawsuit was frivolous, unacceptable, and outrageous. Such arguments are critical to discouraging more customers from suing different companies. The arguments presented by NBC are critical towards promoting new reforms to reduce tort damages. I am ready to defend both NBC and McDonald’s Corporation.
How a space is arranged for public use says a lot about the activities expected and the preferred ways that a particular culture might decide to carry out these activities. It is a complex relationship where the space defines the actions of the people using it, but the people using also define the space being used. To make this concept a little easier to understand, it is helpful to look at a well-known public space such as the food chain McDonald’s, where most restaurants are designed according to the same general plan.
McDonald’s restaurants are usually pretty straightforward in their intended use. Upon walking in the door, usually positioned near the approximate center of a rectangular block, the customer is placed close to the empty space in front of a serving counter. If the restaurant is crowded, this generally has the effect of placing the newly entered customer conveniently at the back of the line. The customer is generally greeted, though, with a sense of open space and a gleaming stainless steel countertop manned by a low computerized cash register, a smiling teenager waiting to take their order, and large lighted menu boards over the teenager’s head that provide both pictures and text regarding the food available and the prices charged. Whether they are ordering food to eat at the restaurant or food to take away with them, the customer is provided with a wide-open space in which to await the delivery of their food, which, thanks to Frederick Taylor’s scientific management theory (1911), has been reduced to almost no time at all.
The computerized register makes it possible for the customer’s order to be delivered to the back of the kitchen area (nearly totally separated from the rest of the restaurant behind the counter) at the same time that the order is made. Beginning with the receipt of the order, delivered to a monitor screen directly from the cash register, buns, which used to take 20-30 seconds to toast, are now toasted in a machine that reaches temperatures of 545 degrees, reducing the time needed for this stage of the work down to 11 seconds. Once the buns come out of the toaster, a second employee assembles the particular sandwich ordered from a divided condiment stand in the center of a long preparation table. This streamlines the process by placing each item in order of its correct placement for the various products made. All condiments are kept at room temperature to keep them from cooling the meat before the customer receives the sandwich. These are placed within easy reach for a single employee moving down the line or for a couple of employees working with specific elements of the sandwich during peak periods in a production line approach. With this arrangement, it has been determined that the assembly time for sandwiches should take no more than 20 seconds. The last phase of production is when the meat patty, which is the only portion of the sandwich prepared ahead of time, is placed on the bun and the sandwich is wrapped, estimated to take approximately 14 seconds. Adding all this together, the customer is presented with their order at approximately the same time as their change.
Once the food is delivered to the customer, they have the option of moving around a central feature in the restaurant, most usually a planter of some sort that also serves as a condiment stand or container for high chair storage, to sit in the seating area. This area is usually tiled, making it easy to clean up in case of spills, but providing a more home-touched look to the restaurant rather than the industrial coldness this usually provides. The tables and booths are typically fixed in place, bolted to the floor to provide safety in recognition of the sometimes chaotic use of space at times when the restaurant is crowded with children anxious to go out and play. Chairs are either free moving or are attached to the tables with a swivel feature. These seating features are typically arranged to accommodate small groups of people of either two or four eaters at a time, with one or two tables available for larger groups in the center area. Although the chairs are ergonomically designed, meaning they are molded to conform to the average human body, they are usually constructed of plastic or steel with very little in the way of padding. This is necessary for appropriate cleaning, particularly given the clientele of usually busy children and harassed moms, but does not make the restaurant overly comfortable for long-term lounging. As a result, the restaurant appears comfortable and welcoming, but over time, it helps to encourage patrons to leave and open up space for new customers.
The color scheme of the restaurants has also been designed to have this effect. In its early years, the chain suggested a heavy use of reds and yellows in the color scheme of the brand. This was reflected in the Golden Arches that are the trademark brand of the company as well as with the brightly colored outfit of the brand’s mascot, the clown Ronald McDonald. The bright reds and yellows were designed to appeal to the youngest Mcdonald’s customers while they also served, because of the energy and aggression usually associated with these colors, to drive people out of the restaurants once their hunger was satisfied. “Warm colors convey emotions from simple optimism to strong violence. The warmth of red, yellow, pink or orange can create excitement or even anger” (Bear, 2006). In recent years, the restaurants have added children’s playgrounds to attract kids and have changed their interior color scheme to more relaxing blues and purples as a means of appealing to parents who are likely to need a break from the business of the day. “Cool colors tend to have a calming effect. At one end of the spectrum they are cold, impersonal, antiseptic colors. At the other end the cool colors are comforting and nurturing” (Bear, 2006). With the addition of plants and the playground atmosphere, itself full of these colors, the restaurants present a more friendly approach to the consumer.
In examining the space used by McDonald’s, it can be easily traced how the space works to define the activities to take place within it as well as how the use of the space has evolved in response to the consumer. The restaurant chain has a reputation for fast food and fast service, which has been built upon through the use of management theories, color theories, and consumer studies. At the same time, consumers have made their wishes known in terms of faster service, quality products, and comfortable environments that meet the needs of young children and parents in need of a momentary break. The nature of the business illustrates the need for speed that is an inherent part of American culture while it also presents the separation of generations that make up a large part of American society in its encouragement of children to leave the table before the meal is finished in order to play on the equipment. Parents can be seen taking advantage of the protected playground to enjoy a few moments on their own, further highlighting the concept that the American culture is frequently overloaded and in desperate need of a quiet place, if even for only a few minutes.
Works Cited
Bear, Jacci Howard. “The Meaning of Color.” About Desktop Publishing. (2006). Web.
Taylor, Frederick Winslow. The Principles of Scientific Management. New York: Harper and Brothers, 1911.
Fast food might be critiqued heavily for the effects that it produces on health, as well as the unappetizing details of how it is produced, yet it is undeniable that the fast food industry has been one of the most lucrative business areas for quite a while (Inoue et al., 2017, p. 48). At the top of this industry, McDonald’s shapes customers’ perceptions of food and nutrition, thus altering people’s eating habits to a large extent (Raduzzi & Massey, 2019, p. 26). Although McDonald’s food is known as not exactly the healthiest meal option, the number of its customers seems to have been growing (Dohmen & Raman, 2018, p. 109). However, unlike buyers at other food chains, McDonald’s consumers cannot be represented as people with uncontrollable appetite for junk food. Instead, people choosing McDonald’s as their primary choice of a restaurant appear to have developed an idea of McDonald’s food actually being healthy (Dohmen & Raman, 2018, p. 109).This paper’s objective is to study the patterns of consumption frequency in McDonald’s customers based on their perceived nutrition.
Research Description
Background Information
Over the course of its existence, McDonald’s reached the point of its progress at which it does not need much introduction. Representing the fast food industry on a global level and having become a household name for it in a variety of countries, McDonald’s has affected how people view food and the process of its consumption (Priyono, 2017, p. 2).
Company Profile
McDonald’s is typically regarded as the pioneer in the fast-food industry for a good reason since the organization has become a global brand and a doubtless leader in the fast-food market over the decades of its existence. Founded in 1940 in San Bernardo, CA by Richard and Maurice McDonald, the organization has been thriving since its conception. Despite the fact that the company is no longer represented by any of the McDonald’s family members and is owned by Chris Kempczinski (“Company analysis: McDonald’s (NYSE: MCD),” 2020). Although the quality of McDonald’s food has been deemed as questionable, the organization has managed to establish a worldwide presence, appealing successfully to audiences of all cultural backgrounds (Kraak et al., 2017, p. 854). Throughout its existence, McDonald’s has expanded to 120 countries and built 37,855 outlets (“Company analysis: McDonald’s (NYSE: MCD),” 2020). Up until recently, when rigid guidelines were imposed on companies due to quarantine, McDonalds’ has been serving to around 68,000 visitors per day (“Company analysis: McDonalds (NYSE: MCD),” 2020). The organization serves primarily fast food to its customers, which includes its trademark products such as Big Mac, Chicken McNuggets, and Small World Famous Fries, to name a few (“Company analysis: McDonald’s (NYSE: MCD),” 2020). McDonald’s owes the influence that the company presently possesses in equal parts to its marketing and the universally appealing taste of its food.
Problem Statement
Despite McDonald’s having been exposed several times for serving unhealthy food with large amounts of saturated fat and other harmful ingredients to its target audience, McDonald’s has seen a significant increase in the number of customers. However, the nature of the observed change is yet to be researched and identified Although the presence of stereotypes about its products still places the company under a significant degree of suspicion from its target audience, McDonald’s has been enjoying a rather rapid rise in positive attitudes toward its products (Raduzzi & Massey, 2019, p. 31). Specifically, McDonald’s has become a common place to visit for families with children, particularly, in the countries where McDonald’s is a common fast food alternative (Priyono, 2017, p. 3). Remarkably, studies show that the attitude toward McDonald’s food has changed drastically in the specified population since they no longer perceive McDonald’s products as junk food (Colicev et al., 2018, p. 55). Instead, they tend to view the specified meals as nutritious, considering them a legitimate option for their meals (Fakih et al., 2016, p. 80). Ostensibly, the observed change could be correlated with the increase in the frequency of customers’ visits to the restaurant. This paper seeks to examine the phenomenon in which customers returning to McDonald’s and consuming its food repeatedly tend to change their perception of its products and view it as tasty and nutritious by examining McDonald’s approach to marketing, branding, and promotion.
Preliminary Literature Review
The frame of reference that will be applied to this paper is rooted in the marketing perspective and the exploration of how customers’ attitudes and buyer behaviours can be altered despite the presence of information pointing to the undesirability of the product. Namely, the issue of brand image development and the importance of increasing frequency of purchases will be used as the lens through which the issue will be examined.
Visiting Frequency
Over the past few decades, the visiting frequency among its customers appears to be quite steady, if not increasing. While the quarantine measures applied to address the issue of the coronavirus have affected the frequency of visits to McDonald’s, the general trends appear to have stayed intact, with most people previously using McDonald’s still being loyal to the company (Gheribi, 2017, p. 68). Moreover, the propensity toward more frequent consumption of McDonald’s products may have been spotted, according to the research by Besson et al. (2020, p. 4) and Anaf et al. (2017, p. 7). Specifically, an increase toward more eager consumption of McDonald’s food has been noticed among families with children (Anaf et al., 2017, p. 7). Some research connects the described alterations to the shift in customers’ perception of the food’s nutritional value (Fakih et al., 2016, p. 79). Overall, the visiting frequency seems to be moving upward for McDonald’s. From the marketing frame of reference, the described trend indicates that McDonald’s attempts at keeping customers’ loyalty have been working quite well.
Consumer Perception of Nutrition
Another factor that must be incorporated into the analysis, consumer frequency has also been increasing up until the restrictions defined by the quarantine. The propensity toward a gradual increase in the amount of food consumed at McDonald’s and the frequency of consumption can also be spotted when analyzing the recent trends in buyers’ behaviour at McDonald’s. Namely, the research by Dundon (2016, p. 17) mentions that McDonald’s customers tend to frequent the place more often as they become more familiar with the menu options and the products that they consume.
Overall, with the increase in visits, customers’ perception of McDonald’s food appears to become more appreciative. Among the key positive changes, greater attention to the ingredients of the products and the understanding of their positive nutritional value by McDonald’s customers appears to have become a common occurrence (Fakih et al., 2016, p. 82; Zsóka & Vajkai, 2018, p. 23). Supposedly, the specified change in perception may occur in a greater range of people after continuous exposure to McDonald’s products (Veselinova & Samonikov, 2020, p. 14; Hollebeek & Macky, 2019, p. 35). Thus, studies indicate that the longer exposure to McDonald’s products affects the levels of frequency in visiting the food chain in question and consuming its products (Yang et al., 2017, p. 460; Colicev et al., 2018, p. 55). Applying the suggested frame of reference, one will realize that customers have been willfully dismissive of the potential negative effects of McDonald’s food despite the existing proof. Thus, the marketing strategy deployed by McDonald’s has been affecting customers’ willingness to visit the restaurant. In turn, a drop in concern for the drastically low nutritional value of the products has been obvious in McDonald’s customers as well.
Literature Gaps
While a notable change in customers’ perception of McDonald’s food has been noted and correlated positively with the increase in the frequency of their visits, the marketing framework that McDonald’s has been using to achieve the described effect needs to be studied in greater depth. By examining the marketing framework that McDonald’s has been using to boost the rates of customer return with a change in their perception of food, other organizations will be able to gain additional advantage in the market (Brentari t al., 2016, p. 1959). Thus, the frame of insight for this paper is rooted in the marketing aspect of the organization’s performance. In other words, the research will be based on the data concerning customers’ preferences and their change over time due to increased exposure to the company’s food and its marketing framework. Thus, the articles such as the papers by Anaf et al. (2017, p. 7), Colicev et al. (2018, p. 55), and Yang et al. (2017, p. 461) will provide the foundation for the analysis.
Research Thesis/Сlaim
This paper will strive to prove that the customers’ positive perception of McDonald’s food increases exponentially as they are exposed to it and the copious amounts of information about its nutritional value provided at McDonald’s, which is driven by the company’s innovative marketing approach.
Research Question
“How do McDonald’s customers’ perceptions vary by consumption frequency of purchasing food based on their perceived nutrition, and how has McDonald’s achieved the specified correlation?”
Objective/Aims of Research
Determining consumption frequency in McDonald’s customers;
Argument: locating consumption frequency allows establishing a pattern of customers’ behaviours.
Identifying customers’ perceptions of McDonald’s food;
Argument: understanding of current perceptions sets the premise for further observations.
Documenting changes in customers’ perception of McDonald’s food over time with increased consumption frequency;
Argument: detailed recordings of customers’ behaviours will provide crucial data for further analysis.
Locating key trends in the observed perception changes;
Argument: analysis of key trends in customers’ perceptions will help to answer the research question.
Speculating possible factors behind the specified changes.
Argument: analysis of key factors will lead to developing viable solutions.
Significance and Benefits of Research
McDonald’s has been making a continuous and conscious effort to change its food manufacturing patterns and implement a healthier and more sustainable approach so that its food would not affect people’s well-being an health status negatively. To the company’s credit, multiple efforts have been made, leading to impressive positive outcomes (Yang et al., 2017, p. 466). However, despite the described changes, the organization is still perceived by many as the source of harmful products, and the nutritional value of its food is deemed as very low. Therefore, by examining the effects that the levels of exposure toward McDonald’s products have on the changes in their perceived value, one will be able to develop the strategy for addressing cases of bad publicity and demonstrating the positive change that a company has made. Overall, the significance of research is moderate since its results are expected to prove the correlation and causation between the frequency of visits and the chance to recognize the improved nutritional value of McDonald’s food.
Deliveries: An Outline of Planned Arguments/Evidence
Due to the elaborate use of a well-developed marketing strategy, McDonald’s has been managing to change customers’ perceptions of the nutritional value of its food by encouraging them to use the company’s services more frequently.
The increase in the visiting patterns coincides with the rise in the levels of product consumption due to the acceptance of the idea that the nutritional value of the product is higher than stated.
Moreover, the described correlation also aligns with the increasing appreciation for the nutritional value of the product.
Studying McDonald’s approach for improving customers’ perception of its products’ nutritional value through more frequent exposure, one will be able to build a strategy for encouraging change in the perceived value of a product.
Methodology
In order to approach the issue of change in customers’ perception of nutrition at McDonald’s, the qualitative research method will be required. Since the outcomes do not need to be quantified, and the nature of the research question is primarily focused on the transformation of the individual understanding of nutrition, the qualitative framework appears to be the most rational way of approaching the issue. However, since the systematic investigation of the subject matter is needed to track down the transformation of customers’ views on the subject matter, a case study approach will have to be applied.
For this research, a group of participants will be selected so that change in their perception of McDonald’s food could be observed. To ensure that the information obtained from the target audience contains enough variation, a total of 25 participants will be recruited for the case study. Therefore, the sample will consist of 25 people, with the nonprobability sampling being used as the main strategy for picking the participants. As for the secondary method used for this study, the overview of the existing literature on the problem of the company’s marketing and the changes in its nutritional value will be undertaken.
Structure/Outline of Research Project
To study the key trends in the change of nutrition perception among people frequenting McDonald’s, one will need to carry out a meticulous preliminary research and a profound analysis based on the data collected from observations in the case study. Specifically, the study will follow the outline provided below:
Introduction
Company Background and Key Facts
Problem Statement
Research Question
Key Research Goals
Expected Outcomes
Literature Review
McDonald’s: Company Analysis
SWOT
PESTLE
Competitor analysis
Change in the number of customers
Behavior patterns and eating habits of customers
Changes in McDonald’s approach toward food manufacturing and product quality
Company’s marketing strategy
McDonald’s customer communication framework
Present Knowledge Gaps
Methodology
Research Method
Sampling Strategy
Data Collection Strategy
Data Analysis Framework
Research Limitations
Thematic Analysis
Key Changes Observed
Key Trends in Behavior Changes
Connection to Frequency
Discussion
Assessment of Research Results
Key Conclusions and Implications
Research Limitations and Their Effects
Conclusion and Recommendations
Bibliography
To support the study, evidence and theoretical frameworks from respective sources will be provided. Academic, peer-reviewed journals dated 2016 or later will be used for the study. Among the key databases, Springer, ResearchGate, Elsevier, and ScienceDirect will be utilized. To provide enough substance in the support for key claims, at least 50 academic articles will be incorporated into the bibliography.
Timetable
It is planned that the research will be performed from November until May, ending on May, 3. Therefore, the study will take a total of eight (8) months. Over the course of the specified time period, the key evidence will be gathered and analyzed accordingly.
Dundon, M. (2016). Transparency in the fast-food industry: Utilizing mobile to capture new audiences [Doctoral dissertation]. California Polytechnic State University.
Veselinova, E., & Samonikov, M. G. (2020). Defining the concept of brand equity with radical transparency. In Global Branding: Breakthroughs in research and practice (pp. 1-17). IGI Global.
Zsóka, Á., & Vajkai, É. (2018). Corporate sustainability reporting: Scrutinising the requirements of comparability, transparency and reflection of sustainability performance. Society and Economy, 40(1), 19-44.
