Executive Summary
- Starting in the 1950s, people suffering from smoking-related diseases have sued cigarette companies. More recently, people with obesity and obesity-related medical problems have sued companies in the food industry. Some attorneys and activists view anti-cigarette litigation as a model that may be applicable to obesity. However, food is not tobacco, and there are important differences between the two health issues and the two forms of litigation.
- Cigarettes are unique among consumer products in that they are deadly when used as intended. Food, in contrast, is healthful when used appropriately. Cigarettes are not a necessary product; food is. These differences between food and cigarettes are significant not just philosophically but also legally, making it less likely that food companies will be held liable for a plaintiff’s ill health.
- Most smokers consistently choose a single brand of cigarettes. In contrast, most people eat a wide variety of foods, produced by many different companies. Thus, placing blame for adverse effects is far more difficult in the case of food than in the case of cigarettes.
- Cigarette smoking is the predominant and sometimes the only risk factor for some of the diseases that it causes, particularly lung cancer. In contrast, obesity is attributable to numerous and complex factors, including physical inactivity; genetics; metabolic and hormonal factors; and cultural, socioeconomic, psychological, and behavioral influences; as well as diet. It is much easier to prove liability in instances where the relationship between a causative agent and a harmful effect is straightforward than in circumstances where a multitude of contributing factors may have played roles in causing the harmful effect.
- The proven addictive power of nicotine lends credibility to the argument that cigarette smoking is not fully a matter of choice for the user, except initially; the idea that food might be similarly addictive requires a misinterpretation of the meaning of addiction, and is not supported by sound scientific evidence.
- Because of the factors described above, obesity-related litigation against food companies is much less likely to be successful than lung cancer-related litigation against cigarette companies. In addition, it is likely that bringing claims against food companies for obesity would actually harm those whom the litigation was intended to help. If such litigation convinces the public that obesity is attributable solely to overeating and that overeating is an addiction, it would perpetuate misinformation and could convince people that they are powerless to control their own behavior.
Introduction
The use of tobacco, particularly in the form of cigarettes, is the number one preventable health threat in the United States today. Smoking causes nearly 440,000 deaths each year and accounts for more than $75 billion in direct medical costs, according to the federal government’s Centers for Disease Control and Prevention (CDC).
Obesity is also a major health concern. According to the CDC, 30 percent of U.S. adults and 16 percent of school-age children and teens are obese. Obesity may aggravate a variety of serious health problems, including high blood pressure (hypertension), diabetes, and heart disease. A study in JAMA has reported that the prevalence of obesity among both adults and children has increased in recent decades.
In addition to their roles as major public health issues, tobacco and obesity now also share the following commonality: lawsuits. Starting in the 1950s, people suffering from smoking-related diseases have sued cigarette companies. More recently, people with obesity and obesity-related medical problems have sued companies in the food industry. Some attorneys and activists view anti-cigarette litigation as a model that may be applicable to obesity. However, food is not tobacco, and there are important differences between the two health issues and the two forms of litigation.
In this report, the American Council on Science and Health examines the similarities and differences between litigation against cigarette companies and obesity-related litigation against food companies. The report is based primarily on, and adapted from, a technical report entitled "Not the Next Tobacco: Defenses to Obesity Claims," Joseph P. McMenamin and Andrea D. Tiglio, Volume 61, No. 3, Food and Drug Law Journal 445-518 (2006).
BELOW IS A TABLE OF CONTENTS FOR THE FULL REPORT, WHICH CAN BE DOWNLOADED FOR FREE AT THE RIGHT MARGIN.
