Legal Strategies in Childhood Obesity Prevention Workshop Summary (2011) / Chapter Skim
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7 Using Litigation to Change Policies and Practices
7 Using Litigation to Change Policies and Practices
Pages 51-60
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From page 51... ...
Litigation and the threat of litigation can be powerful forces in changing policies and practices that affect obesity. Two speakers at the workshop discussed the advantages and disadvantages of litigation, while a third warned of its risks and discussed its shortcomings in enacting policy change.
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From page 52... ...
Gottlieb recounted that the case was based partly on consumer protection grounds but also on traditional product liability approaches around negligence and failure to warn, as might be the case in a lawsuit against cigarette manufacturers. In response, a group called the Center for Consumer Freedom helped spearhead a round of state tort reform initiatives that eliminated individuals' rights to sue for reasons related to obesity in many states.
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From page 53... ...
"State consumer protection laws offer a real opportunity to change practices around misleading, deceptive, and unfair marketing practices [for] food and beverages, particularly as they affect children," he said.
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From page 54... ...
Viruses, endocrine disruptors in the environment, or maternal obesity may contribute to childhood obesity, for example, and the physical infrastructure of society makes it difficult to walk and easy to drive. Reducing obesity will require many steps, including improving maternal health, eliminating chemicals from the environment, removing junk foods from schools, changing advertising, and enhancing education.
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From page 55... ...
In 2006, CSPI approached the Coca-Cola Company and PepsiCo about unfair marketing practices in selling soft drinks in public schools. "It is literally selling liquid candy to kids, and it just wasn't appropriate," said Jacobson.
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From page 56... ...
But it can be useful in making progress on specific issues in the battle against obesity or other health problems. THE DISADVANTAGES OF LITIGATION Joseph Price, senior partner in the law firm Faegre & Benson, argued that the childhood obesity problem cannot be solved through litigation.
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From page 57... ...
Furthermore, decisions made at the trial level are not binding because they can be appealed. National class action lawsuits often cost millions of dollars to prosecute and to defend, and if policy issues are involved, costly appeals are almost always going to occur.
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From page 58... ...
When Kellogg's recently settled a class action lawsuit, the members of the class got up to three boxes of cereal, while the lawyers got $2 million in fees and expenses. The legislative and executive branches are better equipped to achieve broad policy goals because they can obtain input from a wide range of interests, not just the parties to a lawsuit.
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From page 59... ...
He said that "consumer fraud cases appropriately brought are appropriate." However, not many of these cases have been directed at obesity. Arguing whether high fructose corn syrup is natural or whether ice cream contains natural ingredients fails to get at the heart of the issue, he suggested, and he reiterated his view that litigation is not the way to control obesity.
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From page 60... ...
"That has been the focus of our most recent actions." The public health perspective on obesity differs from industry's perspective, generating an inevitable conflict, Sugarman observed.
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