The "Cheeseburger Bill"

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Daniel T

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Read the story here.

WASHINGTON — The same people who sued Big Tobacco (search) are suing fast-food companies but some lawmakers in Congress are pushing for a law to put the lawsuits on a starvation diet.

The House of Representatives is considering what has been nicknamed the "Cheeseburger Bill" (search) on Wednesday.

If the bill — officially called the Personal Responsibility in Food Consumption Act — becomes law, it would prevent what it describes as "frivolous lawsuits against the manufacturers, distributors or sellers of food or nonalcoholic beverage products" arising from obesity claims.

The measure basically says it's the consumer's problem if his greasy-eating habit adds to his bulk and would protect companies like KFC and Wendy's from fat-related lawsuits. But it wouldn't prevent civil suits stemming from tainted foods or mislabeling.

Coming up for a vote a day after health officials announced that obesity was on the verge of surpassing tobacco as the leading preventable cause of death in the United States, the bill is expected to easily pass the House.

But it may hit some obstacles in the Senate, which has often blocked House-passed measures that would cap legal damages or protect certain industries from lawsuits.

At a news conference Wednesday, bill sponsor Rep. Ric Keller (search), R-Fla., said the bill is about "common sense and personal responsibility."

The White House issued a statement backing Keller's bill, saying, "food manufacturers and sellers should not be held liable for injury because of a person's consumption of legal, unadulterated food and a person's weight gain or obesity."

But Democrats called the bill a Republican political ploy aimed at hurting trial lawyers and helping the multibillion-dollar food business.

Professor John Banzhaf (search), who is leading the lawyers arguing for their overweight clients who regularly dine at such establishments, insists the lawsuits aren't frivolous.

"Let me remind you that the smoker suits, the non-smoker suits, the suits by the states against the tobacco industry, all were originally called frivolous," Banzhaf said.

Although personal responsibility is a big factor, said Jennifer Keller of the Physicians Committee for Responsible Medicine (search), "people are confused about what eating healthy is."

Although obesity undoubtedly is a huge health problem in America, fast-food companies and some lawmakers say a certain amount of common sense should be applied when people stuff themselves with cheeseburgers and French fries.

"The fact is, it's ridiculous to blame a restaurant for when a person eats too much food," Rep. Pat Toomey (search), R-Penn., told Fox News. "It's a person's own individual decision … we ought to make it clear you can't sue a restaurant for the behavior you're responsible for yourself.

"We have a very abusive class-action lawsuit system in this country," he continued.

Many fast-food restaurants now offer leaner menus but it's up to customers whether they want to partake in a salad or a burger.

The parallels between this and the gun-manufacturer liability bill are amazing. The usual suspects are standing up and decrying the bill because it is "aimed at hurting trial lawyers".

I guess that's only a bad thing to Democrats. :rolleyes:
 
They should add a gun-maker liability amendment. ;)

Better yet, just title this bill "the Personal Responsibility Act" and let people face the negative outcomes of their decisions on their own without blaming anything or anyone else. But that would make too much sense and not be popular with the voters.
 
they should come up with a Bill that does the same thing for every industry and not just bigot it to gun industry or fast food.

equal rights,equal protection under the law.
 
There is something wrong with this piecemeal approach to tort reform. We just need general tort reform. Simply stating that people who misuse a product have no grounds to sue to recover damages for their own ignorance would go a long way.

Jeff
 
But Democrats called the bill a Republican political ploy aimed at hurting trial lawyers
Awwww . . . da poor widdle trial lawyers . . . :rolleyes:

Guess they won't be able to make $10,000/hr on this one, huh?
 
I think I'm going to go to Fudruckers. :) (when just the meat is 1 pound AFTER COOKING, that is one good burger!)
 
But Democrats called the bill a Republican political ploy aimed at hurting trial lawyers

This article, particularly that line, is getting saved and distributed far and wide.

What more is there to say about the communist (Democrat) party of America?
 
Public policy changes in the US run 6-7 year cycles.

Stage 1> Is there a problem
Stage 2> What do we do to fix the problem
Stage 3> Legislate the fix
Stage 4> Implement the fix.

We are out of stage 1 and well into stage 2. Tort Terrorists know it. That is why John Edwards ran for president, why he hung in there for so long. Edwards job is to make sure he or his designee has a seat at the table when Stage 2 discussions begin behind closed doors. The fact that Edwards is a Democrat is irrelevant because tort terrorists have no real political affiliation other than their own interests.

www.triallawyersinc.com is a good place to go to define the problem.
 
I have a unique perspective on this, I believe. At the time I write this post I weigh almost 600 pounds. I am only 38, happily married and even though I am morbidly obese, I am very active. I have never seen someone who wieghs as much as me do everything I do. I shoot, work on old cars, walk quite a bit and until recently, was an active Bouncer who still occasionally rolled around on the ground with bad guys when needed. No one is to blame for me being fat but myself. No one makes me overeat or choose the foods that I do. I do these things to myself. I wish I wasn't this way, and have tried every diet out there and nothing seems to work for very long. I was fat and still healthy for quite a few years, but now all the excess wieght seems to be catching up with me and my health problems have mounted over the last year. I am now looking at gastric bypass because it has been successful with my Mother, though she has had some problems with the procedure herself. The bottom line is that McDonalds, Burger King and Wendy's has never made me pull the car over and buy their products. I did that on my own and refuse to blame anyone but myself. I wish that people would wake up and realize what a disservice they are doing to themselves and their country when they refuse to take responsibility for their own actions. It makes good Americans weak and soft, and allows lawyers and special interest groups to use them as "poor victims" so that these parasites can fill their pockets. It's all bull???? and we need to stop it anyway we can.
 
There is something wrong with this piecemeal approach to tort reform. We just need general tort reform. Simply stating that people who misuse a product have no grounds to sue to recover damages for their own ignorance would go a long way.

:what: Legislate common sense? Prevent trial lawyers from gutting the economic base of this country? Are you Crazy?
 
Ironfist,

Thanks for the perspective. it's good to see Americans admitting that they did something wrong once and a while and not blaming somebody else. Typical THR membership behavior, thankfully.

I'd imagine most of the "innocent victims" of gun manufacturers would say the same: "Uhm, my mistake -- *** is the big deal about?" We'll never know though, since a one time accident with a firearm is far more deadly with 1,000 encounters with McDonald's.
 
Thanks Giga, sometimes it can be pretty hard to be truthfull about ones personal condition, but occasionally it is needed to show that not everyone believes the Democratic party garbage. It truly sucks to be fat and I have got say that I understand why other fat people are looking for a scapegoat. Most of us just don't want to think that we have done this to ourselves and its easy to take the pain and self-loathing we have and try to pin it to some other source. Thanks again for your support.
 
the banding idea sounds less risky than the bypass. less time and recovery as well. its not a fad thing to do. have to either be serious or helpless.
 
Best to get the banding, etc. done soon, as it would seem most insurers are moving to drop coverage for obesity related surgeries, since $30K is too much to pay it would seem (as opposed to what having a heart attack, diabetes, joint problems cost)..
 
its not a fad thing to do. have to either be serious or helpless.

The doctors will keep it from becoming a fad type thing. My brother looked into it and was told he would have to go to all sorts of counseling, medical exams, etc. He was looking at nearly a year's worth of pre-surgery consultations and counseling.

Chris
 
mrapathy2000 and Jeff White

they should come up with a Bill that does the same thing for every industry and not just bigot it to gun industry or fast food.
equal rights,equal protection under the law.


There is something wrong with this piecemeal approach to tort reform. We just need general tort reform. Simply stating that people who misuse a product have no grounds to sue to recover damages for their own ignorance would go a long way.

The two of you together have got it exactly right. Legislation for one particular industry is only a bandaid approach, and only protects the big guys anyway. The way the tort process is going someday only the huge mega corporations that can get lawsuit immunity through congress will be able to do business here.

Ironfist, hang in there.
 
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