Court rules against McDonald's in controversy over bacteria-carrying burger

By Lim Chang-won Posted : August 10, 2017, 15:55 Updated : August 10, 2017, 18:04

A file picture shows a McDonald's outlet in Beijing.[AP/Yonhap News Photo]


A South Korean court rejected an injunction requested by McDonald's to stop a state body for consumers from releasing the outcome of what it called an unfair investigation into hamburgers produced by the US fast food chain.

The decision came on the heels of a high-profile legal battle between the local branch of McDonald's and the alleged victim of hemolytic-uremic syndrome (HUS), known as "hamburger disease", a type of bacterial infection that can cause acute kidney failure.

The Korea Consumer Agency (KCA), a state body protecting consumer rights and interests, has promised to reveal the outcome of its investigation into hamburgers sold in a dozen companies in South Korea. It claimed to have discovered no HUS bacteria but said a McDonald's hamburger carried Staphylococcus aureus, a type of bacteria responsible for food poisoning, exceeding the acceptable limit.

McDonald's insisted the KCA investigation had a procedural problem because its hamburger had not been carried in a cold airtight container used for a long-distance trip.  In its latest statement, the consumer agency refuted the food chain's claim, insisting its investigation was fair and precise.

The agency said it had purchased a McDonald's hamburger in Seoul's southern Gangnam district and kept quickly in a cold and sealed container. "Hamburger, a typical food item favored by children with relatively weak immunity, requires a strict safety system," it said.

McDonald's has been locked in a legal fight with the parent of a four-year-old who was diagnosed with HUS after eating a Happy Meal burger in its outlet in Pyeongtaek southwest of Seoul on September 25.

Children under the age of five are known to be particularly vulnerable because their immune systems are not fully developed. Many HUS cases are caused by the E. coli bacteria, which can be found in undercooked meat.

The parent took the case to court, accusing McDonald's of mismanaging its food products.  The chain insisted it found nothing wrong in the production of patties, citing a daily food safety checklist that caused no problems on that day. 

McDonald's also argued authorities did not find any problems when they checked food safety and hygiene standards at its Pyeongtaek outlet. However, several other people filed complaints claiming they suffered hemorrhagic enteritis after eating McDonald's hamburgers.

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