Provides that certain lawsuits against a purveyor of food shall be banned

Title of bill

An act to amend the general obligations law, in relation to obligations of care of purveyors of food

Purpose

This bill would prevent a person from being able to file an action against a manufacturer, distributor or seller of food products based on a claim that the consumption of the food caused obesity.

Summary of provisions

This bill adds a new Title 3 to Article 9 of the General Obligations Law.

Justification

This bill is necessary given the litigious nature of today's society. More and more lawsuits are arising that ask courts to find manufacturers, distributors and sellers of food products liable to consumers based on the fact that the consumers consumed the food products and subsequently became obese. The judicial system is already overburdened and allowing for frivolous lawsuits such as these does not promote efficiency in the system.

There is no doubt that obesity is a serious problem in the United States today. The lifestyles of many Americans are unhealthy and are leading to increased obesity in all groups of people. Issues with obesity will lead to increased health care costs and obesity is on the verge of surpassing smoking as the number one cause of preventable death.

However, restaurants and the like should not be held legally responsible for serving their customers food that the customer requests. These frivolous lawsuits deny the role that personal responsibility plays in the dietary choices that individuals make on a daily basis. The nations 870,000 restaurants have long provided a wide variety of choices and options that meet any individual's dietary needs. These restaurants provide an atmosphere in which individuals have the opportunity, flexibility and freedom to choose among a variety of high-quality, safe, healthy and enjoyable menu items. Efforts to blame a particular food item or meal for the nation's obesity problem are shortsighted and naive. All foods can be part of a heal thy lifestyle.

Lawsuits will not resolve the nation's obesity problem. In devising ways to address obesity, it is important to underscore the need for healthy lifestyles, personal responsibility, regular exercise and moderation. Healthy eating should be promoted by knowledge, not lawsuits.

Legislative history

2006: S.2482/A.5076 2007-2008: S.1245A/A.2381A

Fiscal implications

None.

Effective date

This act shall take effective immediately and shall apply to any action or proceeding pending on such effective date, and to any action or proceeding commenced on or after the effective date of this act.