The U.S. House of Representatives passed a bill last Wednesday that prohibits people from suing fast food companies for their own obesity. The Personal Responsibility in Food Consumption Act, also known as the Cheeseburger Bill passed in the House 307-119 and awaits approval from the Senate.
The bill stems from the increasing amount of lawsuits filed by citizens blaming the fast food industry for their obesity and related health problems.
In 2002, a New York man sued four major fast food corporations, claiming that their fatty foods were responsible for his extra weight. In 2003, teenagers from the Bronx sued McDonaldܬs, accusing the company of deceiving the public through advertising and lack of nutrition information.
Over the past few years, the number of this type of lawsuit has increased dramatically. Some lawmakers felt that these lawsuits were clogging the courts, frivolously taking up time that could be better spent on other cases.
ܬJust because somebody has an expanding waist line or a health problem doesnܬt mean they should be allowed to sue a fast food restaurant,ܬ Sen. Mark Pryor (D-Arkansas) said.
Supporters of the bill argued that each person makes his or her own food choices, and that the courtroom is no place to point the finger.
ܬAs one judge put it, if a person knows or should know that eating copious orders of super-sized McDonaldܬs products is unhealthy and could result in weight gain, it is not the place of the law to protect them from their own excesses,ܬ House Judiciary Committee chairman James Sensenbrenner (R-Wisconsin) said, a CNN report said.
Steven Anderson, president of the National Restaurant Association, also said it is irrational to hold restaurants and food companies legally responsible for personal food choices.
While the quick-service restaurants do serve high fat, high calorie foods, like french fries, hamburgers, pizza and nachos, foods that, if eaten on a regular basis, could cause significant weight gain, the National Restaurant Association along with other food industry executives place more emphasis on individual choice.
ܬThis issue isnܬt about any restaurant or any particular food,ܬ McDonaldܬs spokesperson Lisa Howard said in a prepared statement. ܬItܬs all about personal responsibility and individual decision.ܬ
However, while personal responsibility and self control are important to Americaܬs health, a fine line exists between smart choices and media influence, assistant professor of communication Kevin Williams said as he sat at a table in Starkvilleܬs McDonaldܬs. Williams has taught courses on media in society, a topic that is at the forefront of the news with violent video games, tobacco and fast food restaurants under scrutiny.
The tremendous advertising capability of fast food corporations aids their ability to sell unhealthy products to willing consumers, Williams said. Marketing synergies combine many companies under one umbrella, like Taco Bell, Pizza Hut and KFC, all owned by PepsiCo. This increases the amount of funds available to the corporation, Williams said.
ܬItܬs cradle-to-the-grave marketing. The idea is to catch them young and keep them,ܬ Williams said as he bit into his McGriddle. ܬCompanies establish the identity of the brand with children, and increase recall and recognition,ܬ he said.
It is undeniable that the rates of childhood obesity and related health problems like childhood diabetes have increased rapidly over the past few years, but the role fast food companies play in this phenomenon is debated.
ܬUntil about the third grade, children believe what they see on television. Advertisers call this the magic window,ܬ Williams said. ܬThey use symbols kids will easily understand like a clown. The golden arches stand for happy.ܬ
However, Williams said that just because advertisers try to sell Americans fatty fast food, citizens do not have to buy it: ܬThe viewer and the message are in negotiation with one another. They (the corporations) cater more to what weܬre willing to accept.ܬ
This culture focuses on buying fast foodܬit is cheap, fast and convenient, qualities that make it very attractive regardless of its nutritional value, Williams said.
ܬThe food doesnܬt do any immediate damage to you. If youܬre exercising like youܬre supposed to be, it shouldnܬt be a problem,ܬ Williams added.
Nutritionists agree that fast food is not the best choice for a healthy diet, but that does not make it extremely dangerous if eaten in small quantities and combined with exercise, Dr. Jimmy Stewart, professor of pediatrics at University Medical Center said.
ܬItܬs all about choices. We just have to learn to make the right ones,ܬ he said.