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Minnesota House of Representatives

State Representative Tony Cornish

389 State Office BuildingState Office Building
100 Rev. Dr. Martin Luther King Jr. Blvd.
651-296-4240

For more information contact: Jason Wenisch 651-296-2317

Posted: 2005-03-23 00:00:00
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NEWS COLUMN

COMMON SENSE PROTECTION OF FOOD RETAILERS AND PRODUCERS

Sometimes the media, or even legislators themselves, like to attach a catchy name to legislation in hope of attracting the public's interest. One such bill this session is the "Cheeseburger Bill." It's a name that catches your attention and may in fact make you hungry, but it's a serious and a preventative piece of legislation that I have coauthored.

The bill would ban frivolous obesity lawsuits in Minnesota. The most important part of this proposal is a shield for food producers and small business owners. It's vital we offer protection for our family farmers and small mom and pop restaurant owners. This isn't just an issue for large chain restaurants and food retailers.

So far, the courts have not ruled in favor of people trying to sue over their obesity, but there are many people who feel those lawsuits may be coming. We all remember the woman who successfully sued McDonald's because she spilled hot coffee all over herself. Most people did not believe that she would be successful, but as a result of her court case she was awarded monetary damages, and now most fast food coffee cups come with the seemingly obvious warning that the contents are hot.

There is no telling how far down a successful lawsuit could reach if the courts ever do rule in favor of the person filing an obesity lawsuit. Does it stop at the restaurant where they ate the food? Do the courts contend that the food producer knowingly sold food that could make someone obese if eaten in large portions? We just don't know.

And it's not just about the food producers and eating establishment owners. Any settlement would certainly hit the pocketbooks of all citizens in the form of higher costs being passed on to those that dine out or buy groceries.

The “Cheeseburger Bill” legislation would protect restaurants and food manufacturers from lawsuits alleging their food product caused a person to gain weight or suffer an obesity related health condition. The bill has passed through two House committees' and would still allow legitimate lawsuits resulting from mislabeling, misrepresentation or tainted food to go forward, but frivolous lawsuits against fatty foods would not be allowed in Minnesota.

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