Taking Responsibility For What You Eat

Taking Responsibility For What You Eat
October 21, 2005

These days it seems that many people are quick to blame others for any problem they may have, especially when there is money to be made by doing so. Lawsuits abound in our modern society, and most often, it is a handful of trial lawyers who wind up as the only winners from this system. Without doubt, there are many worthwhile lawsuits in the country that help to prevent unfair treatment and deter dangerous behavior; but just as certainly, there are frivolous lawsuits which amount to little more than get-rich-quick schemes. Congress has taken action to address one of these schemes -- suing restaurants for eating too much.

Most everyone is familiar with the class action suit filed on behalf of children in New York alleging that their health problems were due to McDonald's food. Thankfully, the suit was dismissed, but sharks are still circling the golden arches and other much smaller restaurateurs, waiting to file more suits. To stop this nonsense, by a vote of 306 to 120, the House of Representatives just passed the Personal Responsibility in Food Consumption Act, which prohibits lawsuits by obese customers who blame restaurants, grocery stores, and food manufactures for their over-indulgence of food.

This legislation is supported by both Republicans and Democrats, and will attempt to curb the frivolous lawsuits that target the food industry for the obesity problems of their patrons. An overwhelming majority of Americans oppose these abusive lawsuits and are disgusted by these frivolous claims. These suits would be laughable if they were not so harmful. In addition to threatening the food industry and its 12 million employees, these noxious lawsuits raise the cost of food for American consumers.

Although this bill would generally prohibit obesity or weight gain-related claims against the food industry, it would not hinder all obesity-related claims from going forward. A person could bring such a suit to court in several circumstances, including cases in which a state or federal law was broken, and as a result, a person suffered harm. Under the House-passed bill, cases could also go forward in which a company violates an express contract or warranty. So, someone harmed by a chicken sandwich containing salmonella would have the ability to sue, rightfully so.

Throughout my career, I have always fought to cut down on frivolous lawsuits. Lawsuits lead to higher car insurance premiums and higher medical malpractice premiums for physicians, which are passed on to consumers in the form of rising health costs. It's time for people to start taking responsibility for their actions, and prepare to live with the consequences. If people want to eat several cheeseburgers in one sitting, they should not expect to blame a fast food establishment if they suffer health problems down the road. It is not the place of the law to protect them from their own excesses.

http://www.house.gov/sensenbrenner/wc20051021.html