The Risk to the American Fast-Food Industry of Obesity Litigation

Abstract

This article examines the problem of obesity in the United States, the role fast food is believed to play in obesity, and the prospects of legal claims against quick-service operations for obesity-related damages. Our literature and case review analyzes the potential validity of obesity-related claims under existing and novel legal theories of liability. The status of legislative proposals to ban obesity lawsuits is discussed and several recommendations are offered to protect quick-service owners and operators from the potential risk of obesity litigation. The article concludes that damages for obesity and obesity-related illnesses may be awarded against fast-food companies under existing liability law, but that such cases are unlikely to succeed and can be efficiently avoided.