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UPDATE: BK airs plans for oil change, disputes basis for CSPI's trans fat suit

WASHINGTON Burger King said a trans-fat-free oil currently being tested by the chain could be rolled out to all its domestic restaurants starting later this year if the new medium continues to perform as expected. Otherwise, a spokesman said, "a more specialized oil" would be introduced by the end of 2008. The accelerated rollout plans were disclosed in response to a lawsuit filed against BK by the Center for Science in the Public Interest. The filing asks a District of Columbia Superior Court Judge either to halt Burger King's use of artificial trans fats or direct the chain to post "prominent" warnings on its menu boards.

The CSPI, a consumer advocacy group often at odds with the industry, said it filed a lawsuit because "Burger King is the biggest restaurant chain that is not fully committed to getting rid" of the known contributor to cardiovascular disease.

BK spokesman Keva Silversmith called the suit "baseless," asserting that "externally and internally, we've been doing a great deal to make Burger King trans-fat-free." Trans-fat-free oils are currently being tested in "hundreds of units in five U.S. markets," he added, declining to reveal those locations.

"We are absolutely committed to eliminating trans fats," he said.

Silversmith said the rollout of an oil currently in test would start later this year if it performs as expected. Otherwise, he said, the chain would focus on an alternative oil, with a rollout to commence in 2008. The completion date would depend on availability, he said. He declined to describe either oil, citing competitive considerations.

McDonald's has pledged to replace its oil with trans-fat-free versions by the end of 2008, a fact that CSPI cited in announcing its suit against BK. Wendy's, the advocate noted, changed to a trans-fat-free oil last year.

CSPI had earlier sued KFC for its use of oils containing trans fats, but said it dropped the action after the chain completed its switch to an alternative frying medium. CSPI described that changeover as "a move accelerated in part by [the] CSPI-initiated lawsuit."

"Despite the moves of its competitors and the well-known dangers of artificial trans fat, it is unfortunate that Burger King is still using partially hydrogenated oil in fried foods and other menu items," Michael Jacobson, executive director of the Washington-based CSPI, said in a prepared statement. "Some of its meals contain three, four or give tiems as much trans fat as is safe to consume in an entire day. I hope this lawsuit will spur Burger King to quickly eliminate the trans fat and, in the meantime, to warn its customers that it's there."

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