NOVAK:   Has the McDonald's restaurant chain created a national epidemic of obese children? Don't laugh. Some attorneys in New York have cooked up a class action lawsuit. McDonald's attorney says it's the kind of frivolous lawsuit that shouldn't even be in court. And the company has asked the judge to dismiss it. We're going to chew on this for a while with plaintiff's attorney John Coale. 
CARVILLE:   John, how are you? 
COALE:   
CARVILLE:   Well, this is what... 
NOVAK:   Wait a minute, wait a minute... 
CARVILLE:   Here you go. 
NOVAK:   It's cold. 
COALE:   It's cold. 
CARVILLE:   A good conservative would say, Why doesn't the parent have some responsibility in this? And you know, what I would agree with that. 
COALE:   They do. It's not an either or situation in this things. Parents have responsibilities. I've been -- you know, John Banzhaf who is at this university called me about a year ago because he's putting together a team of advocates to look at this issue. And I came in. I thought they wanted me for the plaintiff but they wanted me as my -- for my legal advice. And the fact of the matter is what the problem here is is that children are bombarded with this stuff... 
CARVILLE:   Right. 
COALE:   ... from almost two years old. You watch the Saturday morning cartoons. By the time it's about 1:00, these kids are whipped up into a frenzy. They bug their parents. They go down there. There's a playground. There's a "Star Wars" cup. There's toys. There's anything you want to draw children into this whole culture of fast foods. They go to school. There's Channel 1 fast food ads. They have kiosks in the schools now and they pay the schools kickbacks to get them in there. And that's just not McDonald's. That's Coke. That's Pepsi. So by the time this kid has any reason to make his own choice, this kid has nothing but fast food, fast food and more fast food. 
NOVAK:   Mr. Coale, I had two children. And they were under control. We took them to McDonald's sometimes. They didn't pig out at McDonald's. I got... 
COALE:   Yes, but that was when there was only 20 served. 
NOVAK:   ... seven -- I've got seven grandchildren. None of them are obese. They're all under control. It is the parent's responsibility. What kind of world are we in when the lawyers are saying, You have to protect the children because the parents can't. 
COALE:   No, no, it's not an either or situation. The parents have fault here. The parents should show some restraint. But there's also fault here with the fast food industry.  
NOVAK:   I just to say, I have the favorite -- reading the "New York Times," I had one of my favorite quotes of the year. 
CARVILLE:   OK. 
NOVAK:   And we're going to put it up on the screen. It's from Israel Bradley (ph) who is a plaintiff's father. "I always believed McDonald's was healthy for my children." Now what kind if idiot is Israel Bradley? 
COALE:   Well, I don't know Mr. Bradley but this is the same type of peole that McDonald's warns that little toys are dangerous. They have to warn people about a lot of things. You know, this is a country that 30 percent of the kids today don't know where the Pacific Ocean is according to today. 
CARVILLE:   Right. 
COALE:   So we have to make allowances for that. 
CARVILLE:   You and I have one thing in common. That's only one thing. We both went to law school. You're a great lawyer. I was a terrible lawyer. But McDonald's said something today that I could even win. They say that they don't market to children. 
COALE:   Well, that's crazy. 
CARVILLE:   Well, let me show you... 
COALE:   All right, look... 
CARVILLE:   ... this is a Barbie pack here. Now who is this marketing to? Professional football players or something? 
COALE:   Yeah, right. 
CARVILLE:   I'm going to take this home for my little girls and put this in here and take it. 
COALE:   And they hunted for it. 
CARVILLE:   Right. How could McDonald's say with a straight face that they don't market to children? 
COALE:   Well, they can't. And the thing is that these lawsuits are like -- in the early days of tobacco, everything -- Oh, it's frivolous, it's frivolous. The way we look at it, we being people who run these kind of issues, are that we're going to go out there and this guy up in New York has a couple of suits, we're going to lose a lot of lawsuits. But I'll tell you something, we sure got everybody's attention here, don't we. 
NOVAK:   Mr. Coale, yes you do -- all over the world because it's so ridiculous. Now John Doyle (ph) from the Center for Consumer Freedom, and we're going to put that up on the screen, he said this. And this is what we're getting at, now the real nitty gritty. "As with the other frivolous lawsuits that the trial lawyer brethren have shoved down Americans' throats, this is more about fattening attorney wallets than thinning consumers." How much money are you going to make on this? 
COALE:   Probably nothing. I told Bansoff (ph) I'd do it for nothing. But that frivolous tobacco suit I was in was a $250 billion settlement. I guess the tobacco companies still think it's frivolous. Maybe their stockholders have something to say about that. 
NOVAK:   You know... 
COALE:   These are not frivolous suits. 
CARVILLE:   Right. Of course not. But the point -- I guess I generally support the right of plaintiffs to bring lawsuits, you know what I mean. And... 
NOVAK:   Because they support the Democratic Party, that's why. 
CARVILLE:   You know, I support people acting responsibly. You know you guys want -- you don't want corporations to act responsibly, but you want every poor kid out there that's got a snot nose... 
NOVAK:   These are the -- isn't it true... 
CARVILLE:   ... or something to do something. Isn't it true that... 
NOVAK:   ... that this is... 
CARVILLE:   ... this   ought to act responsibly. 
NOVAK:   ... isn't this all liberal Democratic politics, the trial lawyers are the big, big cash cow for the Democratic Party? That's what we're talking about. 
COALE:   I don't know. I'm here to talk about hamburgers. I don't know. I'll tell you one thing though is personal responsibility is an issue for these parents and for Arthur Anderson and for Enron and for all of these other corporate office... 
CARVILLE:   I agree totally. I agree totally... 
COALE:   ... aren't some big thing in the sky. They're people. And we're seeing that these corporate officers who are taking this stuff, not marketing to kids, where is their responsibility? Show some restraint. You know in France, McDonald's has warnings all over the place just bring your children here once a week. That's restraint. 
NOVAK:   Don't they have gram -- how much fat there is in each thing, listed in each McDonald's? 
CARVILLE:   Sure, if you can find it. 
COALE:   Yes, if you can find it. 
CARVILLE:   I just want to say one thing that this man and I have proved one thing. I want to just -- full disclosure. He is the husband of my dear friend who appears on a rival network, Greta van Sustern (ph). And he and I've proved that ugly guys can get beautiful women and marry them.    And that is something that is worth saying  . 
NOVAK:   John Coale, thank you very much. 
CARVILLE:   Thank you. 
NOVAK:   Appreciate it. 
COALE:   All right. 
NOVAK:   Coming up, it's your turn to "Fireback" at us. One of our viewers is longing for the days when Democrats could take it as well as dish it out.
