John Boehner, October 14, 2005

As American revolutionaries fired the last shots at Yorktown, besieging the cornered British troops under General Cornwalis, I doubt they longed for a government that would tell them what they could or couldn’t eat. Not even King George III did that. But believe it or not, some would like to see it happen now.

A New York man sued multiple fast-food companies because, his attorney said, they are, "creating a craving." The lead plaintiff in this lawsuit said that companies like Wendy’s and McDonald’s were responsible for his obesity. He appeared on the CBS TV show 60 Minutes and said, "I want compensation for pain and suffering."

The 60 Minutes correspondent followed up. "How much money do you want?"

His answer? "Maybe $1 million. That's not a lot of money now."

He also wants the government to force fast food companies to alter their menus to make them "healthier."

His attorney summed up their goals nicely: "Hopefully it will change the eating habits of the American public."

This is often the goal of special interests: to change other people’s behavior they don’t like. And if they can’t get individuals to go along voluntarily or convince legislatures to force them, they inevitably turn to the courts.

Sound familiar? It should. We’ve heard this story plenty of times before in different industries. What began as an unprecedented federal crusade on a few private industries in the 1990s has evolved into a full-scale legal assault on virtually any private entity deemed to be politically-incorrect.

You can be sure that wherever people are making unhealthy or unpopular choices, someone wants to pin the blame for the consequences on those with the deepest pockets; or even worse, is scheming to prohibit people from making free choices.

When courts rule on frivolous lawsuits like this, they set the legal precedent that a company can be sued because people enjoy their product. In a free society, meeting the wants of consumers shouldn’t be a punishable offense; it should be celebrated and encouraged.

Some special interests claim this is a "public" issue. But what we eat, and how much we eat, is as private as it gets. Decisions about nutrition, for us and our families, are voluntary. The plaintiff admitted as much when he said, "There was no fast food I didn't eat, and I ate it more often than not because I was single, it was quick and I’m not a very good cook." Nowhere does he mention being forced to eat fast food. He ate it voluntarily -- the only person responsible is him.

This is why I’ve cosponsored a bill authored by Rep. Ric Keller (R-FL) called The Personal Responsibility in Food Consumption Act. Nicknamed "The Cheeseburger Bill," it will block frivolous lawsuits against food manufacturers, sellers and distributors. And the legislation isn't limited to fast-food companies. It will protect all restaurants, grocery stores, and even street-corner hotdog vendors.

Our freedom to choose what we want to eat isn’t the only thing at risk if these companies are forced to spend millions upon millions of dollars to defend themselves against frivolous lawsuits. The largest employer in the private sector is the restaurant industry, providing jobs to over 12 million Americans. Many of these jobs are at stake too.

America was built on the principles of freedom of choice, common sense, and personal responsibility. As Benjamin Franklin - a man of generous proportions himself - signed his name to the United States Constitution, it’s likely that the last thing on his mind was a government that would punish companies for "creating a craving." The Cheeseburger Bill emphasizes the obvious: what you eat is up to you.

Congressman John Boehner, a Republican, represents Ohio's Eighth Congressional District, which includes Miami, Butler, Preble, Darke, and Mercer Counties.