Click Here
Industry Opinion
No Polls Found

Unsafe Sodium Levels at Denny’s Prompt Class Action Lawsuit

Date:24 Jul 2009

Type:Regulatory News

Source:Nutrition Horizon

Sector:General Company & Ingredient Information

Summary:The lawsuit was filed in Superior Court of New Jersey in Middlesex County, and seeks to compel Denny's to disclose on menus the amount of sodium in each of its meals and to place a notice on its menus warning about high sodium levels.

24 Jul 2009 Most Denny's meals are dangerously high in sodium, putting the US restaurant chain's customers at greater risk of high blood pressure, heart attack and stroke, according to a class action lawsuit filed by a New Jersey man with the support of the Center for Science in the Public Interest.

The lawsuit was filed in Superior Court of New Jersey in Middlesex County, and seeks to compel Denny's to disclose on menus the amount of sodium in each of its meals and to place a notice on its menus warning about high sodium levels. CSPI is working with the New Jersey firms of Galex Wolf, LLC and Williams Cuker Berezofsky.

Most Americans should consume no more than 1,500 milligrams of sodium per day, according to the Centers for Disease Control and Prevention. But at Denny's, the great majority of its meals contain more, and in some cases, several times more. Some meals at Denny's provide more than 4,000 or 5,000 mg of sodium—more than most adults should consume in three days. Diets high in sodium are a major cause of high blood pressure, which in turn is a major cause of heart disease and stroke, the first- and third-leading causes of death in the United States.

A Spicy Buffalo Chicken Melt with regular fries would have 4,120 mg of sodium; with seasoned fries instead (shown) it has 4,880 mg. Start off this meal with clam chowder and it would have 6,700 mg of sodium.

"Denny's is slowly sickening its customers," said CSPI executive director Michael F. Jacobson. "For those Americans who should be most careful about limiting their sodium, such as people middle-aged and older, African-Americans, or people with existing high blood pressure, it's dangerous to eat at Denny's. Denny's customers deserve to be warned about the considerable health risk posed by many of these meals."

The plaintiff, Nick DeBenedetto, is a 48-year-old resident of Tinton Falls, NJ, who has eaten for many years at Denny’s restaurants in East Brunswick and Brick, NJ. DeBenedetto takes a prescription medication to control his high blood pressure and at home does not cook with salt or use the salt shaker. Some of his favorite Denny's items, such as Moons Over My Hammy or the Super Bird turkey sandwich, contain far more than 1,500 mg of sodium—even without soup, salad, fried onion rings, or other side dishes.

"I was astonished—I mean, literally floored—to find that these simple sandwiches have more salt than someone in my condition should have in a whole day," DeBenedetto said. "It's as if Denny's is stacking the deck against people like me. I never would have selected those items had I known."

Moons Over My Hammy, a ham, egg, and cheese sandwich, has 2,580 mg of sodium by itself—more than even a healthy young person should consume in a day. It's served with hash browns (adding 650 mg of sodium) or grits (an additional 840 mg).

The Super Bird sandwich, served with regular French fries, has 2,610 mg of sodium—more than twice what someone with high blood pressure should consume in a day.

Denny's Meat Lover’s Scramble, which has two eggs with chopped bacon, diced ham, crumbled sausage, Cheddar cheese, plus two bacon strips, two sausage links, hash browns, and two pancakes has 5,690 mg sodium, or 379 percent of the advised daily limit.

A full meal at Denny's consisting of a bowl of clam chowder, a Spicy Buffalo Chicken Melt, and a side of seasoned fries contains an alarmingly high 6,700 mg of sodium. It's a big meal, to be sure, with about 1,700 calories. But that’s more sodium than what 70 percent of Americans should consume in four and a half days.

Even many of the smaller meals advertised for children and seniors have inappropriately high sodium levels.

Many health experts consider high dietary sodium levels to be one of the nation's top health threats. Dr. Stephen Havas, adjunct professor of preventive medicine at Northwestern University's Feinberg School of Medicine, says that reducing the sodium content of packaged and restaurant foods by half would save at least 150,000 lives per year.

For some people, particularly Denny’s elderly patrons, getting several days' worth of sodium in a single meal might be enough to trigger congestive heart failure.

"As a physician, I have grave concerns about the sodium levels at Denny's, and grave concerns about an elderly person or someone with hypertension eating even one such meal," Havas said. "The body can have a hard time getting rid of that much salt, potentially leading to fluid retention and accumulation in the lungs. Consuming that much sodium can have severe consequences."

Denny's describes itself as the largest full-service family restaurant in the United States, with more than 1,500 restaurants and annual sales of $2.4 billion.

"By concealing an important material fact about its products—namely, that that these foods have disease-promoting levels of sodium—Denny's is failing its responsibility to its customers and is in violation of the laws of New Jersey and several other states," said CSPI litigation director Steve Gardner.

Denny's and CSPI had been in private negotiations over sodium, but those talks ended earlier this year. Shortly thereafter, the chain made small sodium reductions in a handful of items, like cheese sauce, shrimp skewers and kids' meals, but the chain did not make the kind of broad sodium reductions or menu disclosures urged by CSPI.

CSPI's litigation department has, since its founding in 2004, sued a number of leading national food companies and has secured agreements improving food labeling, marketing, or product formulation with Anheuser Busch, Frito-Lay, Kellogg, KFC, Kraft, Sara Lee and other companies. CSPI's litigation activities helped spur the removal of artificial trans fat from restaurant food and helped return millions of dollars to consumers from makers of the dietary supplement Airborne.

The lawsuit filed against Denny's is CSPI's first sodium-related lawsuit against a food company. Separately, CSPI has petitioned the Food and Drug Administration to regulate salt as a food additive and to restrict sodium levels in various categories of food.

New Product Launch


Bahlsen Amato Marzipan Flavored Slices Sprinkled with Almond and Half Coated with Dark Chocolate


Product Image

Marzipan flavored slices sprinkled with almond and half coated with dark chocolate, in a cardboard box.

AZ 3D White Toothpaste with Radiant Mint Flavor


Product Image

Toothpaste with radiant mint flavor, in a cardboard box.

Enervit Sport Drink with Lemon Flavor


Product Image

Sport drink with lemon flavor, in a plastic bottle.

Specchiasol Pausa Food Supplement for Women in Menopause


Product Image

Food supplement with soybean, clover, wild yam, hawthorn, zinc and vitamin B6. Is especially useful for supplementing the diet of women in menopause.

Aboca Olio Di Fegato Di Merluzzo Cod Liver Oil Pearls: 50 Capsules


Product Image

Cod liver oil is known to be rich in Vitamin A (retinol and vitamin D3 (cholecalciferol), which are attributed to the adjuvant setting properties of calcium in the bones, it also benefits the cardiovascular system, circulatory, and assisting in osteoarthritis inflammatory and painful, adjuvant therapies to fight osteoporosis.

Linda McCartney Special Edition 6 Vegetarian Red Onion & Rosemary Sausages


Product Image

Six vegetarian sausages made from textured soy protein and red onion and seasoned with rosemary.

Trader Joe's Checkerboard Mousse Cake with Vanilla and Chocolate Flavor


Product Image

Elegant combination of vanilla and chocolate flavors in this frozen checkerboard pattern cake wrapped in a chocolate ganache.

Seven Seas Joint Care Opti-Release Sustained Released Glucosamine: 10 Tablets


Product Image

Ten tablets of sustained release glucosamine providing nutritional support for joints.

Gruppo B A Base di Vitamine del Gruppbo B: Vitamin B Group, 30 Capsules


Product Image

Vitamin B group food supplement in a blister held in a cardboard box.

For Goodness Shakes 3:1 Sports Recovery Drink with Banana Flavor


Product Image

UHT recovery sports drink with banana flavor, in a plastic bottle.

Hope and Greenwood Best Of British Home Sweet Home Hot Chocolate Flakes


Product Image

Hot chocolate flakes for stirring into warm milk, in a cardboard tub.

Biona Organic Coconut Milk From Pressed Coconut Kernel


Product Image

Organic coconut milk from pressed coconut kernel, in a 400ml can.

Misura Stevia Sweetener


Product Image

One hundred tablets of Stevia sweetener in a plastic container, held in a blister.

Trader Joe's Organic Tricolor Quinoa


Product Image

Organically grown quinoa with three different colors, in a resealable plastic pouch.

Look What We Found! Staffordshire Chicken Tikka


Product Image

Chicken tikka made with Alec Mercer's Stafforshire free range chicken.

Turci Frutti Spray Fragola: Strawberry Based Condiment


Product Image

Strawberry based condiment in a spray bottle.

Land Soy Drink


Product Image

Lactose free soy drink in a 1L tetra brik.

Gustami Fagottino con Speck e Scamorza Affumicata: Piadina Roll with Speck-ham and Smoked Cheese


Product Image

Two piadina rolls with Speck-ham and smoked cheese, in a plastic container.