McDonalds, Coke and Tobacco - kissin' cousins

In 2002 a lawsuit (Pelman v. McDonald's) accused McDonald's of making two teenage customers in New York fat and unhealthy. Lawyers were trying to hold food companies responsible for America's obesity crisis. The food and restaurant companies (not wanting to be hammered like their cousin tobacco) immediately began fighting back.

Since then they've campaigned fiercely to make it impossible for anyone to sue them successfully for causing obesity or obesity-related health problems - and according to an artilce in today's NY Times they have had astounding success tackling it on a state by state basis.

Twenty states have enacted versions of a "commonsense consumption" law. ["commonsense" - a favorite word from Luntz's Republican playbook] They vary slightly in substance, but all prevent lawsuits seeking personal injury damages related to obesity from ever being tried in their courts. Another 11 states have similar legislation pending.

... the measures, along with a class-action overhaul bill President Bush signed into law this year, will probably make it harder for lawyers in obesity cases to win the kind of large awards seen in tobacco cases.

The National Restaurant Association, based in Washington, and its 50 state organizations, which represent large chains like McDonald's and small independent businesses, led the campaign. In most states, lobbyists for food companies and restaurants helped write the legislation and did much of the legwork in state capitols. . . .

According to data from the Institute on Money in State Politics, a nonpartisan research group based in Helena, Mont., in the 2002 and 2004 election cycles, the food and restaurant industry gave a total of $5.5 million to politicians in the 20 states that have passed laws shielding companies from obesity liability.

Adoption of "commonsense consumption" laws by almost half the states reveals how an organized and impassioned lobbying effort, combined with a receptive legislative climate, can quickly alter the legal framework on a major public health issue like obesity. "We wanted to make sure that frivolous lawsuits like this never made it to the discovery stage, which is where these things get expensive for businesses," says an industry spokesperson. [''frivolous lawsuits" - another Luntz favorite, used to belittle and denigrate any kind of attempts at reining in corporate power]

While industry reps see this as good old-fashioned lobbying, some critics say the process is flawed. "It's unnerving to think that public laws are being crafted by corporate interests that simply hand language over to a lawmaker to insert in a bill," said Larry Noble, executive director of the Center for Responsive Politics. "These bills are intended to protect the industry, not the public." . . .

As the country grapples with the doubling and tripling of obesity rates in the last 25 years, the food industry stands firmly against efforts to make food or restaurant companies legally accountable for the problem. The National Restaurant Association and the 50 state associations lead a coalition of food industry interests, including the Grocery Manufacturers Association, the American Beverage Association and the Food Products Association. . . .

Many health activists and lawyers are willing to be patient, because they believe that public sentiment will shift when people learn the elaborate ways in which companies market products they may know to be unhealthy, especially products aimed at children.

"People changed their minds when documents started to come out about how tobacco companies misled customers about the alleged health benefits of light and low-tar cigarettes," Professor Daynard said. "Similarly, people will start to realize that Ronald McDonald is not their friend."

I can't wait.