Burger King banishes trans fats

FORT WORTH, Texas — Burger King on Friday joined a growing list of national fast-food chains that have announced they will begin frying food in more healthful cooking oils, ones that don't contain artery-clogging trans fats.

But although Burger King no longer will cook French fries in trans-fat-heavy hydrogenated oil, the Miami-based corporation said the potatoes will continue to come partly fried — or "par-fried" — in such oil from suppliers' factories.

That isn't enough to satisfy the Center for Science in the Public Interest, which said Friday that it will continue pursuing its lawsuit against the chain over the use of trans fats.

"The total elimination of trans fat is not part of the rollout," said Keva Silversmith, a Burger King spokesman. "Right now, we're focusing on in-restaurant cooking oils."

The transition will be complete by the end of 2008 for the chain's 7,100 U.S. restaurants, sooner if supplies are ample, he said.

The Washington, D.C., consumer-watchdog group alleges in the suit, filed this year in the District of Columbia, that Burger King deceptively promotes its food as healthful.

"Good for them for getting rid of their trans-fat frying," said the group's attorney, Stephen Gardner of Dallas. "Bad for them for allowing trans fats to sneak back in the diet by not barring their suppliers from using trans fat, too."

The consumer group was jubilant over Burger King's announcement before taking a second look.

"We were ready to dismiss the lawsuit when we first heard," Gardner said. "But we're going ahead. [In talks Friday], we didn't get any assurance they were going to get rid of trans fats in the par-fried products."

The group's lawyer said discussions with Burger King's lawyers would resume Monday. The chain said it doesn't comment on pending litigation.

Silversmith, the Burger King spokesman, noted that partly fried potatoes meet the criteria of New York City's July 1 ban on trans fats at city restaurants.

The prohibition covers cooking oil used for on-premises food preparation. New York was one of four markets where two oil blends were test-marketed, Silversmith said, declining to name the other test cities.

Aside from fries, Burger King will use trans-fat-free oils for in-restaurant frying of chicken tenders, onion rings, cheesy tots and hash browns, he said. Its burgers are flame-grilled.

Gardner called Burger King the "laggard of the industry" for being slow to adopt more healthful oils.

Wendy's, Chili's, Sonic, Bennigan's and Steak and Ale have been using trans-fat-free oil since last year.

McDonald's introduced a more healthful oil this year that is being used in about one-fourth of its U.S. restaurants, said Michael Jacobson, the watchdog group's director.

KFC and Taco Bell are trans-fat-free for most products except chicken pot pie and a few other minor items, which are made with partly hydrogenated oil, Jacobson said.