A federal appeals court has ruled that part of an obesity lawsuit against fastfood giant McDonald’s was wrongly thrown out of court.


The original lawsuit, brought by a group of New York teenagers, claimed McDonald’s used misleading advertising to encourage children to eat fattening foods. However, the suit was thrown out in September 2003 because the judge believed that it failed to link the plaintiffs’ alleged health problems to McDonald’s products.


Now, however, the US Second Circuit Court of Appeals has sent the case back to a trial judge because proof about the alleged injuries did not have to be provided when the case was filed and could instead be provided during pre-trial proceedings, reported Reuters.


The case spread concern amongst the food industry when it was first filed in 2002, as makers of unhealthy food products feared they might be held responsible for people’s obesity.