Corpulence is not a crime.

1. Common Sense, Freedom and Cheeseburgers
Recently, a New York appeals court overturned Judge Robert Sweet’s decision to dismiss
a lawsuit filed on behalf of two teenagers, Ashley Perlman and Jazlen Bradley, who
blame McDonald’s Corporation for their obesity. The suit seeks billions of dollars in
damages, but it’s not the health of the teenagers that concerns their attorney, Samuel
Hirsch, and his allies.
After all, the gym membership and nutrition counseling these kids really need could be
purchased for a lot less than a billion dollars. Hirsch’s New York lawsuit, at its core, is
little more than a big payday for trial lawyers now that the tobacco industry is tapped-out,
and the consequences for the rest of us could be dire.
The one-armed bandit strategy being employed is a familiar one to trial lawyers: file
frivolous lawsuits repeatedly until some court somewhere allows a case to proceed, then
use “the precedent” to file a flood of suits seeking astronomical damages, forcing
companies to settle to avoid the costs of mounting a defense.
Ultimately, the lawyers get more luxury cars and vacation homes, the taxpayers pick up
the court tabs, companies raise prices and lay-off workers, and individual freedom erodes
just a little bit more.
Adding insult to injury, the lawyers and their spin-doctors tell us that this is for our good.
After all, if it wasn’t for trial lawyers the public would never know that eating a triple
cheeseburger combo-meal with large fries and a milkshake can be unhealthy. Apparently,
eating fast food three times a day, in large portions, could lead to weight gain or the
development of heart disease. Who would have thought this was true before Hirsch‘s
lawsuit?
Up until the “obesity lawsuits” filed in the past few years, consuming a bucket of fried
chicken twice a day was considered good for the heart as well as the figure. At least
that’s what Simon Hirsh wants us to believe.
Really, though, isn't it time to bring a strong dose of common sense to the dialog on the
fast food industry. A hamburger and fries is not meant to account for three square meals a
day, every day of the week. Instead of blaming the restaurants for serving food that
people enjoy, shouldn’t we be asking people why they chose that triple cheeseburger over
the grilled chicken even after their waistline has eclipsed their toes and the sidewalk
below?
Health experts have said for years that the key to a nutritious diet is balance and
moderation, making sensible choices about food variety and portions--coupled with
regular exercise. Overeating too much of anything--whether its a diet of only celery or
one of only hamburgers--is neither balanced nor nutritious. Restaurants, to be successful,
must strive to provide their customers with as many options as they can within the

2. confines of the service they provide. Considering the challenges of offering hot, fast, and
affordable meals, the industry does a good job providing customers with choices -- in
portion size, nutrients, taste, ingredients and textures. However, restaurants cannot
dictate to people what they eat and they can't count calories for people.
Choosing what foods to consume is an individual decision, and unlike the federal income
tax code, you don't have to be a rocket scientist to figure it out.
Obesity and heart disease are both the result of diet, physical activity, genetics, and
overall lifestyle. These factors are influenced by the individual choices a person makes in
their daily life.
Is it okay to indulge yourself and super-size the fries from time-to-time? You bet.
Should you do it three times a day and wash it down with a milkshake? Probably not. If
you insist on trying it, should you be able to? Absolutely. Do you really want a
government "Food Czar" dictating your next meal?
If we start regulating the types of food people eat, where does it end? What car you can
drive? What clothes you can wear? What books you can read to your children? That is a
frightening proposition.
The fast food industry has encouraged parents to help their children make smart decisions
when it comes to a balanced diet. However, that does not mean that they, or the
government, should deprive children of enjoying a hamburger.
Fortunately, there are efforts underway in an increasing number of states to pass
“Cheeseburger Bills” to prevent frivolous obesity legislation against restaurants. These
bills offer an opportunity for individuals to be heard by politicians, because you can be
certain the lawyers and their checkbooks are not silent in the state capitals.
Trial lawyers are quick to draw similarities between fast food and the tobacco industry.
The fast food industry is not the tobacco industry. Ronald McDonald is not Joe Camel.
There is no conspiracy to hide nutritional information about fast food. Most restaurants
post nutrition information in their stores, and on their websites, for everyone to see. A
hamburger is just a hamburger.
Fast food companies aren't trying to kill their customers. It turns out that's really bad for
business.