Even in a nation famed for its litigiousness, the case never looked likely to succeed. Judge Robert Sweet summed up by saying what most people would sensibly hold true, that "it is not the place of law to protect them against their own excesses".
The lawsuit centres on the claim that McDonald's violates New York state consumer fraud statutes by deliberately misleading consumers into thinking its products are healthy and nutritious. McDonald's is, of course, overjoyed that 'common sense has prevailed', but it would be wrong to believe that it is out of the woods just yet.
The fact is that McDonald's does lead consumers to think the products are healthy and nutritious - note that is 'lead' and not 'mislead'. The quality of McDonald's foods has been a long-term and central plank of the company's communications with customers, in the UK as well as the US.
There is every reason to believe that McDonald's will make such dietary claims an even stronger element of its marketing in future. And why not?
Taken as part of a balanced diet, as any such claim is sure to go, McDonald's products can make a positive impact.
'There is no such thing as an unhealthy food, only an unhealthy diet', is a pseudo-philosophical quote being bandied about in certain marketing circles of late. While it has the undoubted merit of being incontrovertibly true, it also has the unfortunate effect of making whoever says it look smug and as though they have something to hide.
Marketing's readers will, in this and recent weeks, have noticed an increase in the number of stories highlighting the healthy positioning of brands new and old: Milky Bar and Nesquik from Nestle, Freekee Soda from Britvic, 'positively healthy cocoa' from Mars. These and many other brands are looking at changing consumer preferences and repositioning as healthy products, or at least healthier than others.
This is good marketing in the technical sense, but the self same consumer trends may make trading on technicalities an irrelevance. As health concerns grow, and the Department of Health's 'Five a Day' activity to promote fruit and vegetable consumption gathers pace, the temptation for FMCG marketers to define their brands in those terms will be considerable - but is it desirable for the marketing profession?
Pressure groups and would-be regulators will be watching brands that make such claims with keen interest; whether they can be substantiated or not will become lost in the melee of anger and accusation.
McDonald's discovered that the law is on its side, but the lawsuit will be refiled within 30 days. In this battle victory may be fleeting - or even hollow.
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