A situation rapidly taking shape on the West Coast may signal coming product changes for McDonald's Corp. (MCD). Investors however, appear to be rallying behind the perennial favorite, with shares of McDonald's trading up almost 1.25% as of this writing.

The issue stems from health concerns that are being voiced by local governments in California and possibly elsewhere. The assertion is that McDonald's Happy Meals, which are marketed towards children by the use of free toy giveaways, contain unacceptably high levels of sugars, sodium, and fats. Local politicians are forwarding the proposition that they shall ban McDonald's use of toys as a marketing tool if the company doesn't change the Happy Meal offering.

Reportedly, Dow Jones fast-food behemoth McDonald's (MCD) is facing a lawsuit from the Center for Science in the Public Interest (CSPI). The lawsuit surrounds MCD's Happy Meal toys, stating that the toys "lure small children into McDonald's" in a marketing ploy that is "illegal under various state consumer protection laws." Interesting, as I thought it was the responsibility of the parents to make sure that their children eat healthily. I mean, I am a father of three and I make sure that my kids eat healthy food. Do they have the occasional Happy Meal? Yes, but I am the one making the decision.

This post is part of our Battle of the Brands feature. Let us know which brand you prefer, and watch out for more Battle of the Brands posts.

The Hamburglar vs. The Creepy King

Looking at the financial data for McDonald's Corporation (NYSE: MCD) and Burger King Holdings Inc (NYSE: BKC) tells us that McD's cooks BK on market cap ($53.7B to $2.9B), and that both stocks are up big since BK started trading last May (McD's is up 29%, BK is up 24%). But these brands aren't really found in the numbers. Let's look at the factors that make these fast-food giants the top two burger chains in the land.

The Menu

What's the first thing you think of when someone says McDonald's or Burger King? Probably their signature sandwiches -- the Big Mac and the Whopper -- because they are what make the brands. There are two factors to look at here -- taste and health.

As far as taste goes, my nonscientific survey says that both sandwiches are flawed (yes, I used writing this blog as an excuse to eat fast food twice in the same week). With the Big Mac, most of my problem was finding the two all-beef patties in a sea of buns and lettuce it was surrounded by. With the Whopper, my criticism is that the burger should come with cheese on it without you having to ask (or pay extra). The burger is supposed to be their top-of-the-line; they could at least throw a slice of cheese on it for you, without you having to make it "your way."