Thursday, April 15, 2004

B"H

The "Cheeseburger Bill"

Someone posted on a board:

The US House of Representatives has voted 276-139 for a bill that
would prevent lawsuits against the food industry for making people
fat.

The so-called Cheeseburger Bill bans frivolous lawsuits against
producers and sellers of food and non-alcoholic drinks arising from
obesity claims.

The bill supporters say consumers have to realise they cannot blame
others for the consequences of their actions.

Critics say the food industry now does not have to worry about public
health.

The vote came a day after a new study said obesity was likely to
become the nation's biggest preventable killer, overtaking smoking.

The study found that poor diet and lack of exercise caused 400,000
deaths in the US in the year 2000 - a 33% jump since 1990.

Two thirds of US adults and nine million children are either
overweight or obese, the study said

'Insane lawsuits'
On Wednesday House Majority leader Tom DeLay praised the passage of
the bill, which is formally called the Personal Responsibility in
Food Consumption Act.


Several overweight teens recently tried to sue the McDonald's fast
food chain

After the vote he said "Ronald McDonald made me do it" should never
be considered the basis for a lawsuit.

The bill's sponsor, Florida Republican Representative Ric Keller,
said the legislation was all about "common sense and personal
responsibility".

The first US fast food lawsuit was filed in 2002 by a New Yorker who
blamed his frequent visits to McDonald's for his obesity and
diabetes.

Since then, there have been a number of similar cases across the
country.

The new bill has also the backing of the White House and much of the
food industry.

"This issue isn't about any restaurant or any particular food, it's
all about personal responsibility and individual decisions,"
McDonald's spokesperson Lisa Howard said in a prepared statement.

'Wrong message'
But mostly Democratic critics - who have the support of a number of
consumer groups - argued that the courts, not Congress, should
determine when "obesity" lawsuits were frivolous.

They pointed out that all the lawsuits had been eventually dismissed.

Opponents also said the bill a clear signal to the food industry that
it did not have to worry about the public health.

"That's the wrong message," said Democrat Representative James
McGovern.

The bill still has to be approved by the Senate. In the past senators
have blocked measures to protect certain industries from lawsuits.

-----------------------------------------------------------------

To Which I responded:

B"H

I disagree with this law entirely.

A child who became a food addict claiming: "Ronald McDonald made me
do it" is not the same circumstance as an adult who became an
alcoholic claiming: "Jose Cuervo and Johnny Walker made me do it".

I remember well how alluring the junk food commercials aimed at
children were to me when I was a kid. As a child it was virtually
impossible to distinguish what I saw on TV from reality.

Although there may be mitigating circumstances in some of those
lawsuits, e.g., the fact that parents do give the kids money for that
food and even drive them to the fast food outlets, the sophistication
and aggressiveness of the ad industry aimed at children cannot be
denied. Battalions of PhDs in psychology work in the ad industry and
make mucho buckos for finding ways to tempt children to get addicted
to food and other substances. They should be legally responsible, as
should be their employers.

Parents who are overworked and may themselves have an eating or other
substance abuse problem may not have the strength to stand up to
their kids' relentless whining for junk foods.

Children are given lunch money and pocket money. A parent may tell a
child to spend it wisely and well. There is no guarantee the child
will do what s/he is advised to do. Even children who come from homes
in which the parents eat well are subject to peer pressure to eat
with all the other kids in hamburger joints.

It is unrealistic to expect children to have the level of self-control we expect from adults.

Clearly the junk food industry has been preying on children. In my
book: You prey you pay.

----------------------------------------------------

A person who posted agreement with this law originally wrote a
response to my reaction:

I wrote:

Battalions of PhDs in psychology work in the ad industry and make
mucho buckos for finding ways to tempt children to get addicted to
food and other substances.

S/he responded:

"I had completely forgotten about this part of aggressive, high
powered marketing.

My best friend worked for a "new" toy company in the '70's and she
just updated me on the money that is spent on these professionals.
She was one of the script writers and all the work had to be passed
by these psychologist, who would choose the ones that were more
appealing to children.

I would be inclined to agree with you from this perspective."

Doreen Ellen Bell-Dotan, Tzfat, Israel