Obesity
Liability: A Supersized Headache
If you sell fattening concessions
to patrons, you might be sued in court for making them
fat and causing them
health problems associated with obesity. Sounds nuts,
doesn’t it? Shouldn’t people be responsible
for their own actions?
But what if those people are children, and
don’t have the risk recognition skills of adults?
Just ask the tobacco companies about their history with
this line of questioning.
In recent months, attorneys have filed a
number of frivolous lawsuits on behalf of people who claim
that the food industry
is responsible for their obesity-related health problems.
Proponents of these suits (who include some of the same
successful trial lawyers who sued the tobacco companies)
believe that a 5- to 10-year legal campaign could have
a salutary effect on people’s diets. Courts have
properly dismissed the first few suits. As they did with
tobacco companies, however, these lawyers will just keep
bringing legal actions until they find a way to win. (This
is one of the many reasons I am proud to call myself a “recovering
lawyer.”)
Leaders in the restaurant and food industries
believe that it is necessary for Congress and/or the states
to intervene
and assert that dietary regulation through litigation constitutes
inappropriate redress. A strong majority of Americans agree
that the food industry should not be considered liable
for diet-related health problems.
In Congress, the House of Representatives
approved legislation (H.R. 339) earlier this year that
would prohibit lawsuits
that allege a food manufacturer or seller is responsible
for an individual’s weight gain or obesity. The legislation
would protect anyone who sells any food as defined in the
Food, Drug and Cosmetic Act (FDCA). That definition includes
sodas, popcorn, candy, chewing gum, and just about everything
else you may sell at your concession stand.
In the Senate, The Commonsense Consumption
Act (S. 1428), introduced by Sen. Mitch McConnell (R-Ky.)
received a committee
hearing last year, but has not yet been considered for
a vote. Election year politics make enactment far from
certain.
Meanwhile, 10 states have recently approved
their own laws. In Arizona, Colorado, Florida, Georgia,
Idaho, Louisiana,
South Dakota, Tennessee, Utah and Washington, bills have
been enacted to prevent these frivolous lawsuits. As I
write this, a few other states are considering similar
legislation.
Obesity-related health problems should be
addressed by proper diet, exercise and sound individual
responsibility.
The potential promise of successful litigation would send
the wrong signal. And for our members, costly litigation – even
if frivilous – could cripple defendant theatre companies,
particularly smaller independents. NATO will support the
legislation. 
