Personal Responsibility in Food Consumption Act of 2005

PERSONAL RESPONSIBILITY IN FOOD CONSUMPTION ACT OF 2005 -- (House of Representatives - October 19, 2005)

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Mr. STARK. Mr. Chairman, I rise in opposition to the Personal Responsibility in Food Consumption Act because I don't think that any industry should have the right to conduct its business without the oversight of the judicial system. What the lawyer-bashers don't want you to know is that frivolous lawsuits, by definition, get thrown out of court. In other words, the much-feared million-dollar settlement for someone who eats 12 Big Macs a day is not going to happen.

That's why there are only a few obesity cases in court right now and why the only reason we're considering this bill today is because the well-heeled McDonald's Corporation doesn't want to face a legitimate lawsuit for false advertising. Many of the pending cases are for false advertising, claiming food is low fat when it's really not, and this bill is so broadly worded that it would preclude such cases from going forward.

The threat of legitimate lawsuits against fast-food corporations is as much a part of creating social change as is the threat of a Congressional investigation. I believe that both are equally legitimate and democratic. We wouldn't want judges to ban us from holding hearings and nor should we ban them from hearing cases

Even more important than the issue of obesity or Congressional meddling in the judicial branch is the fundamental right of every American to have their day in court. Even if you eat 12 Big Macs a day, you have a right to plead your case before a judge. And the judge has the right to throw the case out, but Congress has no business preemptively closing the courthouse doors to a particular group of Americans.

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