[Congressional Record Volume 149, Number 106 (Thursday, July 17, 2003)]
[Senate]
[Pages S9595-S9596]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCONNELL:
  S. 1428. A bill to prohibit civil liability actions from being 
brought or continued against food manufacturers, marketers, 
distributors, advertisers, sellers, and trade associations for damages 
or injunctive relief for claims of injury resulting from a person's 
weight gain, obesity, or any health condition related to weight gain or 
obesity; to the Committee on the Judiciary.
  Mr. McCONNELL. Mr. President, I rise today to speak about abusive 
litigation in America. Unfortunately, a personal injury lawyer's desire 
for a big payday by any theory imaginable is never satisfied, and so I 
come yet again to speak about tort reform--an issue I have worked on 
nearly every year that I have been in the Senate.
  America is blessed with an abundant food supply and an overwhelming 
number of food choices. With so many choices, some of us overdo it. 
That over indulgence, combined with an under indulgence of exercise can 
sometimes have negative health consequences. But most of us take 
responsibility for the amount--and the type--of food we put in our 
mouth, and we accept the consequences of those decisions.
  Personal injury lawyers, however, are now trying to convince 
Americans with expanding waistlines that someone else is to blame for 
their weight problem. And so the latest targets of predatory lawyers 
are the people producing and selling food. That is right. This money-
hungry gang is going after ``Big Food.'' If it were not so frightening, 
it would be funny.
  This is a disturbing turn of events and a further indication of the 
erosion of personal responsibility in America. People claiming their 
weight gain is the fault of the food manufacturers or seller have 
already begun filing lawsuits. Think of the absurdity of that logic. 
How long will it be until those who get speeding tickets begin to sue 
car manufacturers for building a car that people may decide to drive 
too fast?
  Many Americans need to take greater care in what--and how much--they 
eat. But it is also time to curb the voracious appetite of the personal 
injury lawyers and put an end to this ridiculous and costly litigation 
before it gets out of hand
  That is why today I am introducing the Commonsense Consumption Act.
  My bill would prohibit suits against food manufacturers and sellers 
for claims of injury resulting from a person's weight gain, obesity or 
health condition related to weight gain or obesity.
  Any such suit pending on the date of enactment of this bill would be 
dismissed.

[[Page S9596]]

  Let me be clear. This bill does not provide widespread legal immunity 
for the food industry. It only provides protection from abusive suits 
by people seeking to blame someone else for their poor eating habits.
  This bill would not affect lawsuits against food manufacturers or 
sellers that knowingly and willfully violate a Federal or State statute 
applicable to the manufacture and sale of food.
  This bill would not apply to lawsuits for breach of contract or 
express warranty. And this bill would not apply to claims related to 
``adulterated'' food.
  I should mention that Representative Ric Keller has introduced 
similar legislation in the House. His bill, entitled the Personal 
Responsibility in Food Consumption Act has received a hearing and has 
attracted a significant number of cosponsors. My bill is worded a bit 
differently than Representative Keller's but I believe it is safe to 
say that both bills aim for the same result: an end to these absurd 
lawsuits.
  Just a few years ago, the whole idea of blaming, and suing, someone 
else for your own eating habits was comical.
  In fact, in August of 2000 the satirical publication ``The Onion'' 
carried a spoof news story entitled ``Hershey's Ordered To Pay Obese 
Americans $135 Billion.''
  The story began: In one of the largest product-liability rulings in 
U.S. history, the Hershey Foods Corp. was ordered by a Pennsylvania 
jury to pay $135 billion in restitution to 900,000 obese Americans who 
for years consumed the company's fattening snack foods.
  The article continued by saying: [The five-state class-action suit 
accused Hershey's of ``knowingly and willfully marketing rich, fatty 
candy bars containing chocolate and other ingredients of negligible 
nutritional value.'' The company was also charged with . . . 
artificially ``spiking'' Their products with such substances as 
peanuts, crisped rice, and caramel to increase consumer appeal.

  That story was humorous in August of 2000. It is not funny any 
longer. Personal injury lawyers are now attempting to turn that 
satirical story into reality.
  We have seen press reports that just a few weeks ago a group of more 
than a hundred money-hungry lawyers and activists met in Boston to plan 
strategy for suing food manufacturers and sellers.
  As I mentioned, some of these personal injury lawyers have already 
started suing. We have seen suits against restaurants, suits against 
cookie makers, and there are more to come.
  One lawyer has reportedly sent letters to restaurants telling them to 
meet his demands or he will sue. This same trial lawyer ring-leader has 
also threatened to sue local school districts and even individual 
members of the school board. Have these lawyers no shame?
  But perhaps these lawyers have finally bitten off more than they can 
chew. When they sue come big corporation, most people probably do not 
pay much attention. But when you start dragging the local school board 
members into court and forcing them to spend thousands and thousand of 
tax dollars defending against frivolous claims, well as we say in 
Kentucky that is a horse of a different color.
  When Americans hear what these lawyers are up to I do not think they 
are going to like it. I know the voters in Kentucky are not interested 
in seeing more abusive lawsuits about obesity, and they certainly are 
not interested in paying more at the cash register in order to finance 
some personal injury lawyers' extravagant lifestyle.
  These lawsuits are expensive to defend and the lawyers know that. The 
lawyers are not really interested in consumers, they are looking for a 
settlement, a big settlement, that will make them rich and enable them 
to clog the courts with more frivolous cases.
  Make no mistake about it. These lawsuits seek only to fatten personal 
injury lawyers' wallets. And that will result in higher food prices for 
consumers.
  It is time to stop this abuse now and it is time to remind people 
that personal responsibility is the issue here. People must take 
responsibility for their actions.
  As one weight loss guru said on CNN earlier this year when he was 
asked about obesity suits against restaurants:
  There is always going to be greasy, fried, salty, sugary food. It is 
up to the individual to walk in and say, I don't want those fries 
today. I have 40 pounds to lose. It is not the fault of the fast food 
people, and anyone who's trying to sue the fast food places needs a 
therapist, not an attorney. You have to make your own decisions. That's 
what the freedom in America is all about.
  Never in my wildest dreams did I think I would be quoting Richard 
Simmons on the Senate floor, but he has perfectly summed it up pretty 
well, as I just described.
  Making your own decisions is what freedom is all about. And with 
freedom comes responsibility. We have the freest society on the planet, 
but folks need to start exercising some responsibility with their 
freedom. Do not blame others for your bad habits. You are responsible 
for what you put in your mouth, and parents are responsible for what 
their children put in their mouth. It is that simple. The plaintiff's 
bar may not like that fact, but it is truly that simple.
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