Article Published in French Newspaper Le Parisien
Below is a translated version of the article:
The McDonald’s game resembles a lottery too much.
Article written by Christophe Dubois
The latest advertisement displayed on McDonald’s restaurants looks enticing: “1 in 4 chance of winning immediately.” The principle, widely promoted by comedian Titoff on television, is simple: just slip a red straw into a white straw. The consumer of hamburgers can then acquire cash up to 100 euros, as well as gift vouchers and coupons for in-house products. In total, nearly 8 million euros are at stake. The rules specify that the event, running from March 7 to April 3, 2002, is open to consumers “aged 12 and older.” The only problem: the Minister of the Interior summoned the leadership of the American chain yesterday, as he considers that this Euro McStraws might constitute an infringement of the lottery laws. In mid-March, the Directorate of Public Liberties and Legal Affairs (DLPAJ), informed by the Directorate General of Customs, sent a note to the sub-directorate of races and games concerning the “organization of an illegal lottery”: “This operation would be based on chance and, moreover, would result in the payment of cash to the winners,” writes the Ministry of the Interior. According to lottery legislation, the crime of illegal lottery is established if four elements are met: the expectation of a gain, the intervention of chance, the existence of advertising, and the financial sacrifice of the player. The first criterion is met since McDonald’s has put several million euros at stake. The intervention of chance is also present, as the straws distributed with the meals offer “1 in 4 chance of winning.” The advertising is widely distributed. The last point appears at first more debatable: in the rules, the American group specified that, “for those not wishing to consume, a game element can be obtained for free upon simple written request.” Except that few consumers take this step. Lottery legislation also prohibits the payment of cash. And a declaration to the prefecture should have been made. “Not to mention that McDonald’s seems to care little about the protection of minors,” notes an investigator. All of these elements could lead the services of the Ministry of the Interior to take the matter to court. The American company considers, however, that its game is in no way “illegal.” “We are very meticulous legally with this type of games,” the McDonald’s management told us, indicating they had been consulted by the ministry to “provide simple information.” (I emphasize)
[Note: the original name of the lottery was “Euro McPailles” but I translated it to “Euro McPailles.”]
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This PDF is provided as a piece of evidence in the ongoing discussion and legal analysis related to the criminal RICO case targeting McDonald’s Corporation and its accomplices. It is intended for use under the principles of fair use for educational, informational, and legal scrutiny purposes.
To gain a clearer understanding of the sequence of events in this case, I invite you to view a detailed timeline at the following link:
https://www.ECTHRwatch.org/timeline/mcdonalds/
This timeline provides a comprehensive overview of the key milestones and developments.