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Food Industry Worries About Obesity Lawsuits

Industry Asks Congress For Protection

POSTED: 5:57 am PDT June 20, 2003
UPDATED: 7:03 am PDT June 20, 2003

Restaurants and the food industry are asking Congress to protect them from being sued by people who are overweight.

They are lobbying Congress to pass a House bill sponsored by Rep. Ric Keller, R-Fla., that would do just that. No similar bill has been introduced in the Senate.

Christianne Ricchi, owner of Ristorante i Ricchi in Washington, D.C., testified Thursday before a House subcommittee in support of the litigation reform.

"Representative Keller is to be commended for introducing H.R. 339, which would help prevent misguided lawsuits against the food industry, including our nation's 870,000 restaurants," said Ricchi. "This legislation focuses attention on personal responsibility and the voluntary menu choices all Americans make, rather than on costly and unwarranted litigation."

Recently, consumers have been suing fast-food chains, such as McDonald's, for allegedly contributing to their obesity and diabetes. While none of the fast-food lawsuits have yet been successful, at least one New York judge has indicated that there may be a green light if the cases he previously dismissed are refiled in the correct manner, according to the American Tort Reform Association.

Keller called the litigation frivolous and said it won't solve the obesity problem.

Ricchi said the lawsuits could have a significant detrimental impact on the economy and on small businesses. She said the prospect of legal fees alone from a potential lawsuit could jeopardize her and her employees' livelihood, as well as the 11.7 million Americans employed by the restaurant and food service industry.

And solely targeting the restaurant industry is "overly simplistic," Ricchi said, since 76 percent of meals are eaten at home.

"There are numerous sensible and achievable solutions that can help address this issue much more effectively than filing frivolous lawsuits that only aim to help those who are filing them," said Ricchi.

"The legal system needs to emphasize personal responsibility and not award bad choices," said Sherman Joyce, ATRA president.

But a George Washington University law professor said if the lawsuits really are frivolous, then the restaurants shouldn't have to ask Congress for help.

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