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Ohio often seems to mirror national political debates, The Defense of Marriage issue being the most recent. Well, now you can add obesity liability to the list. Yesterday, the US House voted to block suits over fast food:

The GOP-controlled House on Wednesday voted to ban super-sized lawsuits that blame the food industry for people’s expanding waistlines and health woes, saying such cases could bankrupt fast-food chains and restaurants. The 276-139 vote is intended to prevent class-action lawsuits that contend food companies and their offerings are responsible for Americans putting on the pounds and lurching toward obesity.

The AP story noted that 19 states, including Ohio, were considering similar legislation. But in a unique convergence, the Ohio House in fact passed the bill on the same day. Here is a report from Gongwer [subscription required] {Gongwer is a kind of Hotline for Ohio, a daily report on government and politics}:

By overwhelming numbers Wednesday, the House passed legislation its advocates said is intended to head off the possibility of New York-style litigation seeking damages for customers who charge fast food and chain restaurants serve food and beverages that are responsible for weight gain. The bill also contains lawsuit protections for “pick-your-own” farm operations and landowners whose property adjoins recreational trails where trespass results in injury. The vote was 87-7.

The opposition did provide some entertaining arguments however:

Rep. Michael Skindell (D-Lakewood) was unsuccessful with his amendment to require certain restaurants, generally the larger chain operations, to provide nutrition information to customers on printed menus and menu boards. He cited statistics showing Americans growing more obese and declared that the nation’s weight gain is “not all about personal responsibility.” He explained that advertising targets the youth market with tantalizing reasons to eat at fast food restaurants and said studies suggest those restaurants may be “manipulating” the content of food, using methods similar to those employed by the tobacco companies to increase the addictive content of cigarettes. In terms of advertising methods, Mr. Skindell asked: “Is the Marlboro man any different from Ronald McDonald?” The advertising, he insisted, is intended to target the young with the intent of getting them addicted to fast food.

Isn’t funny how helpless people are in Mr. Skindell’s world. Kids are “manipulated” into being “addicted” to fast food. As if laziness and the enjoyment of greasy food isn’t enough to attract parents and children alike.

Here is another interesting objection:

Speaking in opposition, Rep. Barbara Sykes (D-Akron) told the House that Ohio can now boast of being in the top ten in the nation in at least one category: obesity. She pointed out that two of the state’s cities have achieved the dubious distinction of being in the top ten nationally in terms of their populations. She declared that fast food restaurants have a “responsibility to make sure ingredients are as healthy as they can be.” Ms. Sykes pointed out that the state spends hundreds of millions of Medicaid dollars each year treating obesity-related illnesses.

You see the logic here? Companies aren’t responsible to give customers what they want but rather to “to make sure ingredients are as healthy as they can be.” What does that mean exactly? Should McDonald’s give up on burgers and fries and sell only Tofu and soy products? should they obey the Atkins system? She doesn’t define healthy, instead she wants trial lawyers to hack it out. People are fat and it is expensive so let’s fight it out in court.

It seems to me the market is working fine in this case. When there is a demand the market responds. It is very easy to eat healthy at a fast food place these days. They have salads and low fat items no to mention the explosion of Atkins items now on the menu. People have more dietary choices than ever before. Those seeking to turn fast food into the next tobacco type cash cow ignore this plain fact. As usual they seek to lay the blame on business instead of on the ones making the actual choices. If the courts weren’t so willing to entertain these type of money grabs legislative action wouldn’t be necessary. But the courts seem all too willing to let these issues move through the system. The legislatures are acting to stop the almost unlimited cloud of liability that hangs over businesses these days. Good for them.