William F. Smith: “I oppose this amendment but support the underlying bill, H.R. 554, the Personal Responsibility in Food Consumption Act.…”

“I oppose this amendment but support the underlying bill, H.R. 554, the Personal Responsibility in Food Consumption Act. It is an important piece of legislation that continues a series of tort reform measures considered in Congress this year. We passed this bill during the 108th Congress, and we should pass it again today. I am an original cosponsor of H.R. 554, which will prevent a few lawyers from seeking to destroy another industry that employs millions of people and provides a welcome service to individuals who choose to use it. In general, the bill prohibits weight gain related claims against the food industry. It allows such claims only where a person gained weight as a result of the food industry breaking a State or Federal law. I remember in 2002, when individuals filed a lawsuit against McDonald's alleging that the fast food chain had made them overweight and unhealthy. I remember thinking that people should take responsibility for their own eating habits. But it is no longer just one suit against one company. Now there are suits against all types of the 900,000 restaurants in the food industry from small local eateries to giant fast food chains. We must set a limit as to what litigation is allowed. A nonfrivolous claim should proceed, but a suit dictating the food choices of Americans should be stopped before it is even filed. The reality is that restaurant meals will change according to what people prefer to eat.…”