Health Care and the Law: Associated Press.

¶ … Health Care and the Law:

Associated Press. (March 11, 2004). "House approves obesity suit ban." Retrieved on the website of the Boston Globe at http://www.boston.com/business/globe/articles/2004/03/11/house_approves_obesity_suit_ban?mode=PF

Who is responsible for the growing obesity epidemic? Is the expanding American waistline blamed upon increased exposure to a 'fast food nation' and advertising from a person's childhood? Is the cause due to the nation's suburban sprawl, addiction to cars, and corresponding lack of activity? Is it merely due to a lack of willpower? Thus, who should bear the blame, the food industry or the consumer -- or simply the toxic food environment of America?

The issue of obesity is not simply a medical issue of causality -- that is, treat the cause and stop the epidemic. It is, and remains a very American issue and concern, even though obesity rates are rising in the First World all over the globe. And, true to form with the rest of American health and fitness history, it has become a legal issue as well. Last month, the U.S. House of Representatives banned lawsuits that would blame the food industry for the American people's expanding waistlines and health woes. After saying such cases could bankrupt fast-food chains and restaurants, it attempted to ban suits against such companies with a vote of 276-139. The Republican dominated legislative body noted that "suing" one's way to better health was no answer.

It is true, of course, that lawsuits do not burn calories, for the obese, normal, or underweight individual. However, the Republican's motivation in doing so is likely motivated by the powerful industry interests, such as McDonald's, that could be affected by a massive outbreak of potential lawsuits bigger than the (now abandoned) super-size fries could bust a young man's 28-inch waistband.

Regardless of the suit's motivation, however, it is important to question the legal basis of such suits. Should the national legislative body have the legal right to ban a category of lawsuit entirely? "House Republicans have in recent years approved similar bills barring suits against the gun industry for gun crimes and against businesses for asbestos-related health problems," notes the article, suggesting additional potentially deleterious measures against business interests have been the motivation for such legislation that prevents individuals from addressing their concerns through the judicial process. Should it not be up to the individual courts and the judicial branch of government to decide the legal merits of such cases, rather than the legislature, which is potentially more affected by lobbyists and business interests?

The Republicans who drafted and voted for the bill have an additional point regarding such legislation, however, that does not necessarily pertain to earlier such bans against asbestos or gun related lawsuits. "Food manufacturers and sellers should not be held liable for injury because of a person's consumption of legal, unadulterated food and a person's weight gain or obesity," the White House said in a statement supporting the GOP bill. (AP, 2004) In other words, it is we as American who doing the eating, rather than the fast food companies forcing us to eat or be exposed to toxic products on a daily basis.