Obesity: Will A Bill to Ban Obesity-Related Lawsuits Ever Pass?

Note from Connie: I’m not sure if you’ve heard about the Common Sense Consumption Act of 2007 (H.R. 2183), but if you haven’t, you should read this intriguing editorial about it from Virginian-Pilot columnist Kerry Dougherty. SUGAR SHOCK! Blog researcher Karen James tells you about it while I continue relaxing during my long-needed vacation.

The Virginian-Pilot columnist Kerry Dougherty humorously argues against Common Sense Consumption Act of 2007 (H.R. 2183), which was introduced in the House in May by Rep. Dan Boren, D-Ok. (Boren, incidentally, counted the National Beer Wholesalers Association and the United Food and Commercial Workers Union among his top 20 contributors since 2004, according to The Center for Responsive Politics.)

“Why should fast-food joints be immune to frivolous lawsuits? Let them be at risk like everyone else,” Dougherty writes.

But seriously, the bill would make it impossible to sue food manufacturers, restaurants, distributors, advertisers, etc. for claims of injury regarding weight gain, obesity or other health conditions associated with them.

If food were intentionally mislabeled, a suit could proceed, however.

In her book SUGAR SHOCK!, Connie offers a fascinating account of the lawsuits filed thus far, in a chapter, entitled, "Is Big Sugar the Next Big Tobacco?"

Interestingly, legislators aren’t letting the lessons learned by Big Tobacco go to waste as they move to prevent lawsuits against the food industry from occurring. .

It seems like this bill is going anywhere soon, though. According to GovTrac.us, an independent, non-partisan and non-commercial Web site that tracks federal legislation and voting records, the Common Sense Consumption Act was introduced in Congress twice before in 2003 and 2005.

Both times it passed in the House, with 99 percent of Republicans supporting it and the majority of Democrats opposing it, only to be stalled in the Senate.

If this bill ever goes to vote, history indicates it won’t pass in a Congress controlled by the Democrats anyway.

Karen James for the SUGAR SHOCK! Blog