Amata says "Cheeseburger Bill" shields fast food industry from frivolous lawsuits
October 21, 2005

By B. Chen-Fruean
Samoa News Correspondent

PAGO PAGO. The House Republican Conference notified Aumua Amata yesterday that the U.S. House of Representatives has passed a bill (commonly referred to as the Cheeseburger Bill on Capitol Hill) that will prohibit obesity or weight gain related claims against the food industry, which is the nation's leading private sector employer today.

Aumua told Samoa News that the "Personal Responsibility in Food Consumption Act of 2005" is welcome news for the fast food sector (which includes McDonald's, Pizza Hut, Kentucky Fried Chicken, Checkers chain restaurants and others), which is facing a barrage of legal claims, saying it should be held legally responsible for the fact that people over-consume its products, and it should pay monetary damages as a result of people gaining weight or any other associated health condition resulting from overeating fast food.

According to Aumua, "This is a huge step forward for the food industry, which employs twelve million people throughout the United States and its Territories. Outside of government, the food service industry is the nation's largest employer. The food and beverage industries are a significantly growing part of our local economy right here in American Samoa as well."

The bill would still allow obesity-related claims to advance in certain circumstances, including cases in which state or federal law was violated, and as a result, a person suffered harm.

Under this bill, cases could go forward when a company breaches an expressed contract or warranty.

Aumua explained, "If for instance, someone gets sick from a contaminated hamburger, lawsuits could go forward under the bill. The bill also supports the principle of personal responsibility, and protects the largest employers in the United States and its territories from financial ruin in the face of frivolous obesity related liability claims."

Aumua said that the activities of those who manufacture and sell food and beverages substantially affect interstate and foreign commerce.

"Through passage of this bill, Congress is saying that a person's weight gain, obesity, or a health condition associated with a person's weight gain or obesity is based on many things, including genetic factors, and the lifestyle and physical fitness decisions of individuals cannot be attributed to the consumption of any specific food or beverage," Aumua explained.

"Because fostering a culture of acceptance of personal responsibility is one of the most important ways to promote a healthier society, this bill says that lawsuits seeking to blame individual food and beverage providers for a person's weight gain, obesity, or an associated health condition are not only legally frivolous and economically damaging, but also harmful to a healthy America," Aumua continued.

"At some point, people have to begin to take responsibility for their own actions," she added.

The eight-year veteran House leadership staffer concluded by saying that according to a House budget office estimate, the passage of the bill will not have a significant impact on the federal budget, nor will it affect direct spending or revenues.

Reach the reporter at blue@samoanews.com