Obesity in the Headlines

March 10, 2004 - St. Paul Pioneer Press

WISCONSIN SENATE: Bill to halt obesity lawsuits passes

BY JR ROSS
Associated Press

MADISON, Wis. - Portly Wisconsin residents who blame their obesity on Big Macs, bratwursts or their local supper club would be barred from filing lawsuits against restaurants or food manufacturers under legislation the Senate approved Tuesday.

The bill, approved by the Senate 23-8, has already passed the Assembly and now needs only Gov. Jim Doyle's signature to become law. But a spokesman said the governor has reservations about the legislation.

Sen. Jeff Plale, D-South Milwaukee, made light of his own waistline and said he was tired of a society that refused to accept responsibility for its own actions. He said the legislation was a stand against that attitude.

"We have a culture that fosters the blame mentality," Plale said. "No one ever held me down, pried open my jaw and forced Big Macs down my throat."

The legislation comes amid a national debate over obesity and Americans' eating habits. A recent study by the Centers for Disease Control and Prevention found poor diet, including obesity and physical inactivity, caused 400,000 U.S. deaths in 2000.

That made it the No. 2 killer in America, behind only tobacco.

In Wisconsin, almost 58 percent of residents are either overweight or obese, according to the CDC. The state's obesity rate has nearly doubled in the decade ending in 2001.

Sen. Chuck Chvala, D-Madison, said no reasonable judge or jury would blame McDonald's for someone's obesity, pointing out no such lawsuit has been successful in the country.

A federal judge dismissed a class-action lawsuit last year blaming McDonald's food for obesity, diabetes and other health problems in children, one of two suits against the fast food chain that have failed in the last year.

No such suit has been filed in Wisconsin, and Chvala warned the legislation could have unintended consequences. The bill would grant blanket immunity to a restaurant or food manufacturer even if it intentionally mislabeled its food or added an ingredient with the hopes it would make consumers crave the delicacy.

"If you're fat, no one is going to hold McDonald's or anyone else liable for it. I don't think it's the brightest trial lawyers in the world who are looking down this road," Chvala said. "Until we see a problem that needs to be addressed, we shouldn't be adopting this legislation because it could have unintended consequences."

The legislation grants liability from obesity lawsuits for food manufacturers, marketers, packers, advertisers, distributors or sellers. That means companies who make Wisconsin favorites - such as brats, cheese and ice cream - would be protected as well as the restaurants who serve the food.

As of March 1, only Louisiana had a law in effect banning such lawsuits, but at least 19 states were considering similar legislation, according to the National Conference of State Legislatures.

Some of the bills were patterned after national legislation that would have the same effect, which was to be debated in Congress on Wednesday.

Sara Stinski, spokeswoman for the Wisconsin Restaurant Association, said it was unfair for restaurants to face the possibility of steep legal costs while waiting for frivolous lawsuits to be dismissed.

She also said it was the responsibility of consumers to pay attention to what they're eating and know the possible impact on their waistlines.

"Ultimately, we're a consumer-driven business," Stinski said. "We live and die by our customers. It really should be their decision and responsibility at the same time."

The association set up computer terminals at its annual convention in Milwaukee this week to allow members to send e-mails to Doyle urging him to sign the bill. Stinski said several hundred had been sent by Tuesday morning.

But Doyle spokesman Dan Leistikow said the governor had reservations about the bill, though he stopped short of saying he would veto it.

"This is clearly a solution in search of a problem," Leistikow said.