Fast Food : No Legal Recourse
Author: Jason Martin

Do you eat fast food? You must. According to the House of
Representatives, the fast food industry is a significant part
of our national economy. It did not become that way be having
few customers. Many independent researches have found that fast
food is unhealthy and causes weight gain. This research suggests
there is something "faulty" with fast food. Our nation is
becoming more obese by the day and many obese people are
attributing their weight gain to fast food consumption.

In the documentary Super Size Me, it was proved that eating
fast food promotes poor health and weight gain—even without
over eating. In response to this "faulty" product, some are
turning to the legal system for justice. However, a cleverly
devised bill was created called the "Personal Responsibility in
Food Consumption Act of 2005." This bill was sent to the house
(H.R. 554) and on October 21, 2005 is passed by a vote of 306
to 120. The bill is now in front of the Senate, where it is
expected to pass.

The House of Representatives, in this case, found the
following:

1. The food and beverage industries are a significant part of
our national economy.
2. The activities of the manufacturers and sellers of food and
beverages substantially affect interstate and foreign commerce.

3. A person's weight gain, obesity or a health condition
associated with a person's weight gain or obesity is based on a
multitude of factors, including genetic factors and the
lifestyle and physical fitness decisions.
4. Fostering a culture of acceptance of personal responsibility
is one of the most important ways to promote a healthier
society, lawsuits seeking to blame individual food and beverage
providers for a person's weight gain, obesity or health
condition are legally frivolous and economically damaging.
5. The American food industry is the nation's leading private
sector employer.

If you notice in the above findings, the basis of this
soon-to-be law is economically motivated and not devised for
the betterment of a healthier society. In their purpose and
summary statement, the House of Representatives basically said
that fast food establishments should not be held liable for the
damage their products cause due to "over-consumption." What is
interesting is that these fast food companies have never, to my
knowledge, defined what "proper-consumption" is. How can you
have over-consumption when you have not defined what
proper-consumption is?

If a typical American simply eats his or her regular three
meals a day at a food establishment and his or her health
deteriorates as a result, shouldn't that establish be held
responsible for serving a "faulty" product? H.R. 554 is an
attempt to remove the liability of food providers and silence
the legal resource by consumers. The next time you walk into a
fast food establishment, see if you can located the
"proper-consumption" documentation.


About The Author: Jason A. Martin is a Journalism Major
(Political Science minor) and future law school student. His
blog deals with Politics, Media and the Law. You can view it at
http://JasonAMartin.com.