Legislation would block lawsuits over obesity

JEFFERSON CITY, Mo. -- Businesses anywhere in the food chain would be protected against lawsuits blaming them for an individual's obesity or other health problems under Missouri legislation given final approval Tuesday.

The bill, dubbed the "Commonsense Consumption Act," bars lawsuits for damages against food manufacturers, distributors, sellers or advertisers.

If signed by Gov. Bob Holden, the law would take effect next Jan. 1 and would apply to future lawsuits as well as any pending in Missouri courts on that date. Claims arising from alcohol consumption are excluded from the bill's restrictions.

The Senate voted 32-0 to send the bill, previously passed by the House, to the governor. Then many lawmakers went to an unrelated beef barbecue on the Capitol lawn.

Sen. Chuck Gross, a sponsor of the bill, labeled it as a pre-emptive strike rather than a reaction to any recent lawsuits.

"If there's a claim that you got overweight because you ate too much, you can't sue the restaurant or manufacturer," said Gross, R-St. Charles.

Attempts to obtain reaction from the Missouri Restaurant Association and the National Restaurant Association were unsuccessful Tuesday.

Similar measures have been proposed in Congress and 23 states, according to the National Conference of State Legislatures, following a federal judge's dismissals last year of two class-action lawsuits blaming McDonald's Corp. for making people fat.

Bans on obesity lawsuits against the food industry have been signed into law this year in Arizona, Idaho, Louisiana, South Dakota, Utah and Washington and are pending before the governors of Georgia, Illinois and Tennessee, according to NCSL.

Wisconsin Gov. Jim Doyle vetoed similar legislation in March, saying it was unnecessary because no such lawsuits had been filed in that state.

The U.S. House voted in March to ban lawsuits blaming the food industry for individuals' weight problems, saying such cases could bankrupt fast-food chains and restaurants. But the Senate is not expected to pass the bill this year.

------

Food bill is HB1115.

On the Net

Missouri Legislature: www.moga.state.mo.us