Food Responsibility Act Limits Fast Food Liability
WASHINGTON, Oct. 19 – The House approved a bill Wednesday that would eliminate consumers’ ability to bring obesity-related lawsuits against fast food and supplement companies.
The Personal Responsibility in Food Consumption Act, nicknamed “the cheeseburger bill,” includes language that would stop all lawsuits pending against food companies such as McDonald’s in which plaintiffs are seeking damages for the companies’ contributions to their obesity. The bill also would forbid all obesity-related suits in the future.
The measure passed, 306 to 120. The Senate has yet to act on the bill.
John Tierney (D-Salem), who voted no on the bill, questioned why Congress was even considering this issue when his constituents were concerned with other issues, such as energy prices and health care.
Republicans “want Congress to take time out” to work for special interests, he said. “There is not a single piece of evidence that the courts aren’t working well.”
In the floor debate, opponents concentrated on the fact that the bill would supersede approximately 20 state laws that prohibit such lawsuits and 26 more that are under consideration.
Melvin L. Watt (D-North Carolina) said the bill was “an overreaction” and the “ultimate attestation to the fact that many of my colleagues have lost confidence and faith in the legal system.”
Watt said that the legal system was already properly determining which lawsuits are frivolous and throwing them out.
He also expressed concern that the bill might forbid lawsuits against dietary supplement companies even if people developed a serious condition such as heart disease as a result of their use of a supplement.
But Bob Goodlatte (R-Virginia) echoed the opinions of many of the bill’s supporters when he emphasized the importance of personal responsibility.
“It is common sense that individuals should take responsibility for their personal choices and eating habits,” he said.
Goodlatte added that the bill would protect legitimate lawsuits, such as suits over defective products and food poisoning.
Many supporters also said that frivolous obesity lawsuits would threaten jobs and weaken the food service industry.
Ric Keller (R-Florida), the bill’s sponsor, originally introduced the legislation last year. It passed the House but was never brought to a vote in the Senate. Keller re-introduced it on Feb. 2.
Bryan Malenius, Keller’s chief of staff, said the congressman reintroduced the bill because the playing field has changed. “It’s a more favorable environment for tort reform,” he said.
Malenius added that the restaurant industry is the nation’s largest private-sector employer and that Keller, while confident restaurants would win any obesity lawsuits, believes the bill would help ensure that they “keep investing in communities instead of paying legal fees.”
