Fighting the Obesity Warriors

George Washington University law professor John Banzhaf is credited with leading the litigation flood which caused the tobacco industry to acquire hundreds of billions of dollars in settlements for deceased smokers' families and state health care bills. He believes that the most effective method of producing social change is to sue people (his nickname is "Sue the Bastards" Banzhaf). The next target is "Big Food" with Banzhaf and his trial-attorney buddies holding secret meetings last June to agree on a plan of attack for filing lawsuits against the food industry. His intentions have been made very clear.

"We're going to sue them and sue them and sue them."

For someone who teaches law at a well-respected university, a level-tempered mindset would customarily be expected. You won't get it from Banzhaf.

While the trial lawyers are scheming, lawmakers are working at the federal and state levels to limit frivolous food lawsuits. An example is Louisiana which last summer became the first state to ban lawsuits blaming the food industry for causing obesity.

On the federal level, Congressman Ric Keller (R-FL) has proposed legislation to limit liability of restaurants and food providers for being blamed by people who get fat from eating food. Keller's bill, "Personal Responsibility in Food Consumption Act" (H.R. 339), would protect restaurants from greedy lawyers looking for blood on behalf of obese plaintiffs. The House Judiciary Committee approved the bill this past week and it now is gaining support in the full House. Over 100 fellow congressmen have joined as cosponsors. And, in the Senate, Senator Mitch McConnell (R-KY) is promoting a companion bill called the "Common Sense Consumption Act" (S. 1428).

Without legal protection, some day we'll see unreasonable court verdicts that jeopardize the entire food industry, from grocers to restaurants. Fortunately, some lawmakers are taking action to provide protection from unscrupulous leeches. It's also fortunate that most Americans don't believe it's the restaurant's fault that little Johnny is obese.