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The American Personal Responsibility in Food Consumption Act, also known as the Cheeseburger Bill, sought to protect producers and retailers of foods—such as McDonald's Corporation—from an increasing number of suits and class action suits by obese consumers. To date these suits have been turned down by the courts, sometimes in strong terms. The Act was passed by the U.S. House of Representatives in March 2004, but did not receive a Senate vote.
The bill was reintroduced in 2005 by Florida Republican Congressman Ric Keller. Keller had taken the maximum level of PAC donations up to $300,000 for his personal campaign funding from restaurants including McDonalds, Wendys and Burger King. On October 19, 2005, it once again passed the House with a 306-120 vote[1] although Keller actually missed the vote due to being rushed to the hospital. Once again, it failed to achieve a Senate vote.[2]
Using precedent and expertise from suits brought in the 1990s against tobacco corporations, lawyers such as John Banzhaf hope to use the courts to pressure the food industry into providing more prominent health advisory information about its products. Banzhaf, founder of Action on Smoking and Health or ASH, argues that the joint liability established between tobacco companies and smokers will soon be recognized as being similarly applicable in the case of food retailers and their customers. He anticipates that more health warnings would change consumer behavior, contributing to a solution to the obesity epidemic.
Many state legislatures have considered their own versions of the bill.
References
- ^ FINAL VOTE RESULTS FOR ROLL CALL 533
- ^ Personal Responsibility in Food Consumption Act of 2005
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