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Do You Want Fries With That? Capitol Hill Protects Fast Food

On March 10, 2004, the House of Representatives passed the Personal Responsibility in Food Consumption Act, a bill that protects the restaurant industry from lawsuits filed by customers who say they are overweight because of fast food.

The Cheeseburger Bill

Capitol Hill has nicknamed the legislation "The Cheeseburger Bill," a title that the press finds as delicious as a Big Mac. Written by Republicans, the bill passed 276-139, with 221 Republicans and 55 Democrats voting in favor and 137 Democrats, one Republican, and one independent voting against.

Ironically, the bill passed the House a day after the government released a Centers for Disease Control and Prevention study that warns that obesity will soon surpass cigarette smoking as the leading cause of preventable death in the United States. The study also revealed that one-third of adults are overweight, another third of adults are obese, and nine million children are overweight or obese. Further, the research concluded that 400,000 Americans died in the year 2000 because of poor diet and lack of exercise - 33% more than in 1990.

Americans who are overweight or obese are more likely to suffer from heart disease, cancer, strokes, and diabetes, and illnesses related to poor diet and lack of exercise cost American taxpayers an estimated $40 billion in 2003.

Responsibility

Legislators in favor of the bill are quick to claim that diet and exercise are a personal responsibility. They feel that it is absurd for someone to blame her weight on McDonald’s or KFC. Representative James Sensenbrenner (R-WI) explains that the bill says to consumers, "'Don’t run off and file a lawsuit if you are fat'...it says, 'Look in the mirror because you’re the one to blame.'"

While no one can disagree that personal fitness is a personal matter, body weight and eating are complex issues. The human relationship to food is cultural and psychological, as well as biological. Eating healthfully is not only a matter of willpower. In many areas, especially poor, urban neighborhoods, fast food restaurants are the only ones available. In addition, recent studies claim that fast food can be addictive, that the large amounts of sugar and fat in fast food invite dependency.

Anyone who loves all things deep-fried won’t be surprised by recent University of Wisconsin research that concludes that high-fat foods stimulate pleasure chemicals in the brain and can therefore lead to cravings. A Princeton University study found that rats that were fed a diet containing 25% sugar experienced fits of anxiety (with symptoms like chattering teeth and the shakes- poor things) once that sugar was taken away.

Fast food is high in sugar, fat, and calories. A study conducted by the Medical Research Council found that fast food is “energy-dense," meaning that a fast food meal can far exceed the calories of a healthy meal. Therefore, it is easy for people who eat fast food to consume more calories than the body needs, a pattern that leads to weight gain.

World Health

Obesity is quickly becoming a global issue. Worldwide, over a billion people are overweight or obese. The World Health Organization (WHO) has advised governments to do more to restrict sugar, salt, and fat intake. The proposal has won world backing, but the U.S. is reticent to back the plan, which regulates food advertising and offers tax breaks to encourage the food industry to cut sugar and fat.

The United States has successfully stalled this WHO initiative, claiming that more discussion and evidence is needed.

Food Industry Power

Critics complain about the food industry’s lobbying power, which purportedly delayed the WHO program and initiated The Cheeseburger Bill. Lawmakers can’t ignore that fast food is big business; it is the nation’s second-largest employer. The New York Times reports that agribusiness donated $54 million to political campaigns in 2003, three-fourths of which went to Republicans.

Tort reform

The Cheeseburger Bill is the latest Republican effort at tort reform. Torts are civil wrongs recognized by law as grounds for a lawsuit. Through similar legislation, the party has tried to protect the gun industry and manufacturers of MTBE, a chemical gasoline additive.

Efforts to provide legal immunity for a specific industry typically pass through the House and die in the Senate. There, the cheeseburger bill may meet its match -- Democrats supported by trial lawyers who stand to gain from litigation.

Fighting Fat

Obesity is first and foremost a health issue, and The Cheeseburger Bill does little to promote health. Critics feel that the legislation is a waste of time and money, since courts have the right to throw out cases that have no merit. (The case that instigated the bill, in which two teenagers claimed that McDonald’s Corp. was responsible for their weight gain, is one such example.)

What does it mean for the legislature to protect Burger King and Wendy’s? Like the tobacco industry, fast food companies sell products that, while legal, compromise health. What is the difference between suing Phillip Morris and suing McDonalds? Should government be involved at all?

To discuss these questions with other WomenMatter readers, log on to one of our online forums. If healthcare is an important Life Issue for you, sign up for an e alert, so we can update you on the issue. And last but not least, contact your representatives and let them know how you feel.

Posted on: 3/30/2004

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