Obesity debate brings one agreement

Both sides in a debate about obesity yesterday agreed it was “irrelevant” to argue about the role of personal and corporate responsibility.

Ultimately, the courts and jurors will decide whether obesity-related lawsuits are frivolous or play an important role in consumer freedom.

But that was the only agreement between George Washington University law professor John Banzhaf III and motivational speaker Herman Cain, who debated in the final session of a legal-reform summit at the U.S. Chamber of Commerce. The panel was titled “Whose Fault Is It? A Debate of the Role of Individual Responsibility in a Litigious Society.”

Mr. Banzhaf, leader of the fat-suit movement, said the food industry bears part of the blame for America’s weight problem.

He said factors such as little-to-no nutritional information in restaurants and addictive qualities in fatty foods were strong arguments that trial lawyers will make when bringing suits.

Obesity is the second-largest cause of preventable deaths in America, after tobacco, with 400,000 annual deaths, according to the Centers for Disease Control and Prevention. Sixty-four percent of Americans are overweight or obese, the CDC said.

Meanwhile, Mr. Cain, former chief executive officer and president of Godfather’s Pizza Inc., said fat suits would put the country on a “slippery slope” that would ultimately undermine consumers’ food choices and drive up prices.

Mr. Banzhaf and a group of plaintiffs’ lawyers and health advocates met in Boston last month to determine how to move forward with obesity litigation. Several suits have been brought against food companies and restaurants, ending in settlements or court dismissals.

Mr. Banzhaf said lawsuits often pave the way for broader social movements, such as civil rights and environmental reform. He noted some restaurants have added nutritional labels to their menus or offered more healthy alternatives in response to pressure from lawsuits.

To drive his point home, Mr. Banzhaf gave Mr. Cain a letter, which he called a “legal notice,” that was directed at Godfather’s, an Omaha, Neb-based chain with about 600 locations nationwide.

The letter charged that Godfather’s sells foods that may produce addictive effects, similar to those of nicotine. The letter said the pizza chain should post a health warning or provide nutritional information in its stores to avoid litigation.

Mr. Cain, who had an unsuccessful Senate bid in Georgia this year, handed the letter back, saying he no longer has any financial connection with Godfather’s.

Company spokeswoman Kathy Johnson said the company was not aware of the notice and did not know what action, if any, the company might take.

Mrs. Johnson said the company follows strict government standards for its foods, especially pizzas that are sold to public schools.

“In most cases, we have to add some fat to our pizzas to meet government guidelines,” Mrs. Johnson said.

Mr. Cain said the threat of lawsuits, such as the legal notice given to him, violate constitutional laws by using the legal system to change public policy.

“If we allow these suits to go forward, we will become a society of uncontrollable, parasitic response,” he said.

Mr. Banzhaf shot back that litigation often forces state legislatures and Congress to take action.

“I would love to go through legislation first, but that is not the way the real world works,” he said.