Back to Annual Meeting Page		American Public Health Association 133rd Annual Meeting & Exposition December 10-14, 2005 Philadelphia, PA

Abstract #109275

Michele Simon, JD, MPH, Center for Informed Food Choices, PO Box 16053, Oakland, CA 94610, 510-465-0322, michele@informedeating.org

The food industry is quietly attempting to pass so-called "cheeseburger bills" in every state. The legislation is designed to shield industry from liability against obesity-related lawsuits, which industry deems "frivolous." In January, a U.S. appeals court decided that a class action case against McDonald's should go forward, indicating that such lawsuits are anything but frivolous. Yet the march towards tort reform continues, with these bills having been passed in 14 states so far, and a federal version pending in the House. In 2005, at least 18 more states will introduce such legislation. While the bills purport to be limited in scope, their vague language leaves many open questions, such as, who exactly will be shielded: just restaurants, or others such as manufacturers, sellers, and even advertisers? Also, what kinds of cases will be barred: could the ban even include cases brought under state consumer protection statutes? This research describes how lobbying for these bills is not just an attempt to limit access to the court system, but also to frame the obesity debate as one of only "personal responsibility.” An analysis of how this strategy is part of a larger effort by industry to deflect government regulation will be provided.

Learning Objectives:

• Understand how the food industry is attempting to sheild itself from liability.
• Identify states where these bills have passed and are pending.
• Develop arguments for why open access to the courtroom is important for public health.
• Understand repercussions for the larger public health debate around obesity.

Keywords: Obesity, Policy/Policy Development

Presenting author's disclosure statement:

I wish to disclose that I have NO financial interests or other relationship with the manufactures of commercial products, suppliers of commercial services or commercial supporters.