An Oasis of Litigation

Obesity Lawsuits - Common Sense Consumption Act

Obesity

Halting Frivolous Obesity Lawsuits looks at the culture of blame with regard to obesity and suggests that litigation, and the doctrine of regulation through litigation, has gone too far.

Senator Mitch McConnell (R-KY), sponsor of the Common Sense Consumption Act, argued: "The food police are now sounding the alarm and saying that the rise in obesity corresponds to the increased availability of fast food. What they want you to believe is that the food sellers are causing the obesity."

Earlier this year McConnell suggested that fast-food lawsuits "subvert the Democratic process," "promote a culture of victimhood," and "jettison the principle of personal responsibility." We couldn't have said it better ourselves.

Victor Schwart on the Common Sense Consumption Act said

Over the past decade, however, a new phenomenon has arisen in the law of torts. Former Secretary of Labor Robert Reich aptly called this phenomenon "regulation through litigation." Here, the focus of tort law shifts away from its main purpose -- compensating someone who has been injured by the wrongful conduct of another. The shift is toward a judge allowing a jury to make determinations that traditionally are the decisions of Congress, state legislatures, or regulatory agencies. The threat of massive liability exposure is used to change the behavior of a defendant. For example, to lower the price of a drug, to restrict the sale of a weapon beyond what is required by law or to cause a seller of food to change how it markets a product. In that way, those who are generally not elected and do not gather information through public hearings may, through one judicial decision, regulate or change how much we pay for things, what products we own, and how much they cost...

A noted consumer advocate, Professor John F. Banzhaf III, and others told me that the "regulation through litigation" concept focused solely on tobacco. I did not concur. Now we are on the threshold of a new approach to "regulation through litigation," and the focus is food. It is not on food that contains a defect. It is on food that some health advocates believe causes harm, particularly obesity and diseases related to obesity. Everyone knows obesity can occur when people consistently overeat and fail to burn off the excess calories they consume. Everyone knows that repeated consumption of an excessive amount of French fries leads more quickly to obesity than eating a substantial portion of celery or lettuce.

The Association of Trial Lawyers of America (ATLA) oppose the measure while other contend that the consumer is not solely to blame for obesity and that manufacturers and restaurants share some responsibility.

Posted by Paul at October 18, 2003 02:32 PM |