James Sensenbrenner, February 5, 2004

Midwesterners are generally known for their warmth, work ethic, and sense of personal responsibility. It is this sense of personal responsibility that is the basis of a bill that passed the House Judiciary Committee, which I Chair, on January 28. HR 339, the Personal Responsibility in Food Consumption Act, prohibits the filing of frivolous, obesity-related lawsuits, against the food industry.

This issue has even drawn the attention of state lawmakers in Wisconsin, who are currently weighing legislation modeled after the House bill. HR 339 is needed because the food industry today is facing a barrage of legal claims basically alleging that it should pay for the overindulgence of people who just don’t know when to put down that second or third cheeseburger. Earlier this year, a New York judge dismissed a lawsuit filed by a couple of teenagers who sued McDonalds, claiming the food made them obese. And last year, Oreo cookies came under fire when a lawsuit was filed in California, claiming that the trans fat in them was bad for children.

To make matters worse, there is also no end to the number of people with high profiles, willing to make ludicrous public statements relative to this issue. For example, in a recent news article, liberal activist Ralph Nader compared fast food companies to terrorists by saying that the double cheeseburger is "a weapon of mass destruction." Statements like this seem to imply that the parents of obese children have no responsibility in improving their children’s eating habits, and provide an excuse for those who don’t have a legitimate illness or condition that affects their weight.

Unlike Ralph Nader, I don’t consider the double cheeseburger "a weapon of mass destruction" that must be dealt with like we deal with terrorists’ dirty bombs. It defies common sense to hold the food industry monetarily responsible for the intemperance of its customers. The public also strongly opposes these obesity-related lawsuits. According to a recent Gallup Poll, "nearly 9 in 10 Americans (89%) oppose holding the fast-food industry legally responsible for the diet-related health problems of people who eat that kind of food on a regular basis."

HR 339 is a step in the right direction because it applies to lawsuits alleging "weight-gain." It does not, for example, prevent a lawsuit from going forward if someone gets ill from eating a tainted cheeseburger. Restaurants would still be subject to legitimate lawsuits.

It’s time our nation took some personal responsibility. By prohibiting frivolous lawsuits, HR 339 will save taxpayers from the costs that would be passed on to them if the food industry had to pay-out for the eating habits of a few. And in Wisconsin, that’s news we can all digest.

Congressman James Sensenbrenner, a Republican, represents the Fifth Congressional District of Wisconsin. He chairs of the House Judiciary Committee.