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.:: Dean's World: Cheeseburger Bill (Rosemary, the Q.O.A.E.) ::.

March 10, 2004

Cheeseburger Bill (Rosemary, the Q.O.A.E.)

Personal Responsibility in Food Consumption Act — would prevent frivolous lawsuits against the manufacturers, distributors or sellers of food or nonalcoholic beverage products by people claiming that said items made them obese.

Rep. Ric Keller, R-Fla., says that this bill is about "common sense and personal responsonsibility.

"Let me remind you that the smoker suits, the non-smoker suits, the suits by the states against the tobacco industry, all were originally called frivolous," Banzhaf said.

Although personal responsibility is a big factor, said Jennifer Keller of the Physicians Committee for Responsible Medicine, "people are confused about what eating healthy is."

The Democrats have called this bill a Republican ploy to hurt trial lawyers and help Big (Food) Businesses. Heh. I'm shocked. Those EVIL Republicans want to hurt those poor little trial lawyers...

Okay. I have a few things to say.

Eating a Big Mac, supersize fries and a supersize Coke isn't healthy. Nobody should be "confused" by that. If you eat like that everyday YOU WILL GET FAT. If you don't get fat - you either have a helluva metabolism or you spend way too much time working out.

I don't want you suing Mickey D's into bankruptcy or changing it's menu. I like a Big Mac every once in a while and I sure as hell want to get one when the urge hits me. Same with KFC, Wendys, BK or whatever. We like our fast food. Leave it alone. Oh, and keep your greedy paws away from Taco Bell!

If this bill fails and people can sue restaurants, these restaurants will suffer economically and then what? How can McDonald's or whoever protect itself?

Perhaps, employees should start telling patrons that they are too fat for the Quarter pounder with cheese. How about refusing service to overweight/obese persons? Or maybe only allow them to buy a salad and a diet cola?

That won't happen will it?

People will then sue because they were discriminated against. If people refuse to accept responsibility for their choices and results of those choices, what will happen to our freedom?

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The Democrats have called this bill a Republican ploy to hurt trial lawyers and help Big (Food) Businesses.

"The Democrats" said that? Which ones?

Posted by Ara Rubyan on March 10, 2004 at 5:15 PM


This is pretty much a dead issue. Too fat? Get your stomach stapled. I had my eyeballs lasered. Who would thunk it?

Posted by Ralph Stefan on March 10, 2004 at 5:24 PM


There's a sub-text I think you're missing. By shifting responsibility from the individual to corporations and/or the government we dramatically change the very structure and nature of society and governance. I see far too many trends towards the development of this "new class". Look at what the unions and labor regulations have done, they have elevated the corporation from mere employer to superior. The corporation takes care of half your payroll tax, most of your health insurance payments, part of your 401Ks, and way too much else. People have foolishly thought that by putting the ball in the employer's court that the burden would be theirs and not ours. But this is madness and idiocy. The very foundation of socialist thought is that value originates from the workers. Thus, no matter whether the payments come out of corporate profits or worker wages, it's all coming off the backs of the workers regardless. But by putting health insurance and other things on the corporate ledger we give them a degree of power over it.

This is similar. Some people are blinded by momentary greed and unable to see the bigger picture and the larger issues at stake. The end of the path of shifting blame to corporations is that corporations end up with all the responsibility, and thus all the power. If we aren't careful, and if we don't check these stupid trends we are headed toward a rejuvination of aristocracy and feudalism. And I sorely do not want that.

Don't give away your responsibility people! You make yourselves less when you do. Do not cede authority and control over your life to the state or the corporations, guard those things jealously and with vigor. Because those things are the seeds of your freedom, and of your well being.

Posted by Robin Goodfellow on March 10, 2004 at 5:29 PM


Interesting sub-text you point out, Robin.

I think people are either afraid or lazy to take their lives into their own hands, so to speak.

I've never thought suing the fast food industry was a good idea; the same with tobacco and the firearms suits. Bottom line with all three: people have a CHOICE to consume/buy these products.

Until people reclaim their choices, and the consequences they might bring, people are going to continue to sur big corp's like this McD's.

Everything in moderation...

Posted by Lachlan on March 10, 2004 at 5:56 PM


Ara,
I'm not sure. Both Fox & CNN are using Democrats generically. CNN said, "many Democrats". Perhaps, none of them wanted to go on record yet...

Posted by Rosemary the Queen of All Evil on March 10, 2004 at 6:00 PM


I'll have two large milks please. I'll have to become a full-fledged independent if the dems are even considering going after the Big-Mac. This would never have happened on Bubba's watch, he loved him some super-sized items (and some of them french-fried taters too...mmmhummm)

Posted by Tim the Soldier on March 10, 2004 at 6:12 PM


Gee Robin, you're a day late and a dime short. That territory has already been ceded. I feel like the "black knight".

Posted by Ralph Stefan on March 10, 2004 at 6:14 PM


TTI, I always viewed him as a Cuban cigar kind of guy. Surely the SS over there carried out Chiles for him.

Posted by Ralph Stefan on March 10, 2004 at 6:18 PM


Is there a person in this country that does not know that a steady diet of Mickey D's is a bad idea? They restaurants have been trying to offer more healthy foods for years but there is little demand.

Do we really want to kill that industry, or at least severely wound it? Someone once estimated that 1 in 8 people had worked at a Mickey D's at one time.

They are great source of part time jobs and jobs for kids. They can also provide jobs for adults who are unemployed.

Posted by tallan on March 10, 2004 at 6:18 PM


"Is there a person in this country that does not know that a steady diet of Mickey D's is a bad idea?"
Probably not.

But there are probably thousands of people who are greedy enough that they'll happily pretend they're that stupid, once they start seeing TV ads that say, "Are you a victim of obesity? If you are, you need an attorney, immediately! If you are overweight, call the law offices of Dewey, Cheatem and Howe, right away, at 1-800-EAT-SH*T."

Face it: the concept of individual responsibility in our society is just about dead.

Posted by Dave D. on March 10, 2004 at 7:00 PM


A decade ago, America marveled at that guy who was in the news saying he'd been eating a Big Mac a day for like twenty years and was fit as a fiddle. Marveled that he was alive. See, we knew better.

Now, there's that guy who's choosing to eat Big Macs three meals a day specifically so he can become fat and miserable, and then make a documentary showing how evil McDonald's is for letting him do this to himself, presumably so he can pressure them into selling healthier food. (I guess he figures obesity is what makes for a successful documentarian.)

Methinks America has forgotten how to be its own watchdog. Now it's all about nutritional-information boxes on restaurant menus and class-action lawsuits against anybody you feel like blaming your ills on.

Now "KFC" no longer stands for Kentucky Fried Chicken. Now it means Kitchen Fresh Chicken.

Let that sink in, especially knowing that the food hasn't changed.

This has to stop. It has to stop now.

Posted by Brian Tiemann on March 10, 2004 at 7:42 PM


Ok, I'm a personal responsibility guy, libertarian, etc., but I think you guys are missing two things:

1. re: "Is there a person in this country that does not know that a steady diet of Mickey D's is a bad idea?" Ok, most everyone may know it's not good for you, but not until I started a lot of reading about health and foods did I fully realize taht it wasn't just not good for because it had high fat content, but that it's also REALLY harmful to you because of the ingredients and food quality. it's seriously BAD for you in many ways. That is what people are only NOW coming to realize - that processed foods and junk, whichg make up 99% of fast food joints and probably 65% of all food in a grocery store are REALLY bad for you. The fact that trans-fat, an unnatural mutant molecule is contained in most of these foods is an overlooked public health risk with implications that may be a close second to tobacco.

2. The rest of us, who don't gorge on McDonald's, are paying the massive public health costs. So you can't simply argue that hey, "free choice, personal responsibilty" - if that were the case, i wouldn't have outrageous insurance costs because the rates of "dumb-ass diabetes" is killing people off left and right.

That is all.

Posted by Bill on March 10, 2004 at 8:06 PM


Greeting again, Your Most Evil Majesty! May God descend upon and keep you in all Your Wicked Splendor!

Has anyone seen the increase of sizes at fast food? We now have super size and even bigger sizes than that. Hardee's has 1/3, 1/2, and 2/3 lb. hamburgers. The sizes of the drinks and the food portions are much larger. Yes, people want them, because people want to eat more. What do you expect to happen? There was a time when the Big Mac was king. Then the double burgers came out. The modern ones are even larger.

No wonder Mickey D got rid of the super size! No one forced people to eat the largest quantities. They chose to do so. Still it looks bad.

Not only at fast food, but generally restaurants serve larger portions as well. We are truly a melting pot. We can take something that would be healthy as an appetizer and turn it into an unhealthy main course. People eat too much! How hard is that?

By the way, does anyone watch old films? Does anyone remember "30 Seconds Over Tokyo"? What did Van Johnson refer to cigarettes as? Coffin Nails! Back in 1943!

Big Tobacco and Big Food are about not being responsible for anything in our own lives. I suppose we should now have Big Milk and sue Elsie the Cow, and maybe Big Snack Food as well. Just put "Big" before any name or noun and, like magic, that person or thing becomes an agent of evil! Wow! Amazing!

Posted by Libertarian on March 10, 2004 at 8:56 PM


yikes.

Posted by jason on March 10, 2004 at 9:33 PM


I hate hearing about people suing fast food restaurants because they got fat. No one was forcing them to eat there. They are adults and can make decisions on their own. It is their own fault for getting fat and it's ridiculous for them to blame the restaurant.

Posted by Kerry Sucks on March 10, 2004 at 10:09 PM


Bill:
"Ok, most everyone may know it's not good for you, but not until I started a lot of reading about health and foods did I fully realize taht it wasn't just not good for because it had high fat content, but that it's also REALLY harmful to you because of the ingredients and food quality."

Well, Bill, don't say high fat content makes food bad; these days, an Atkins Moonie might jump out from behind a lamppost and pummel you.

Leaving that aside, does one really need to study organic chemistry to get a handle on basic nutrition? When I was little, my parents wouldn't have known trans from cis from in a row, but they were still able to convey that fast food was made of plant and animal stuff combined from lots of sources, chopped and mashed and mangled real good, tortured with chemicals, and shipped out to our neighborhood outlet after weeks of preservation. Not all that hard to understand why it's better to eat fresher foods.

Also--I haven't used US health insurance in my adult life, but I still feel like a moron for not knowing this--isn't obesity one of those health risk factors that raise your premiums? I don't mean that there's some kind of fat scale, but in real terms, don't diseases with which obesity is associated (such as the diabetes you mention) mean you pay more?

Posted by Sean Kinsell on March 10, 2004 at 10:56 PM


I just had a thought. Suing fast food companies for making you fat is like suing Fruit of the Loom for causing your infertility. If you're too stupid to realize that shovelling fatty food into your face will make you fat then you're probably too stupid to realize that you need to remove your underwear before engaging in sexual intercourse.

Posted by Robin Goodfellow on March 10, 2004 at 11:15 PM


Sean,

I haven't used US health insurance in my adult life, but I still feel like a moron for not knowing this--isn't obesity one of those health risk factors that raise your premiums? I don't mean that there's some kind of fat scale, but in real terms, don't diseases with which obesity is associated (such as the diabetes you mention) mean you pay more?


I'm not sure. Most people insured through their employers all pay the same. No health screening to qualify for health insurance. Sometimes there is a pre-existing condition clause, but that only lasts for the first 6 months or year.

Life insurance does though, especially if you are asking for more than the standard coverage. Your rates will vary depending on your health and habits.

Posted by Rosemary the Queen of All Evil on March 10, 2004 at 11:26 PM


Sean - Now you got me dander up; long post:

RE: "Not all that hard to understand why it's better to eat fresher foods."

Good for you and your parents, you are fortunate. My parents (who are relatively normal, kinda intelligent people) fed me canned food up the ying-yang and let me eat waaaay too much junk food in my opinion. they had no idea why peanut butter is a baaad food, and I bet many reading this don't.

Everyone assumes that one should know how bad this stuff is for you - but no matter what, people don't view this food like they do smoking a cigarette - or doing a drug - or drinking - and that is how bad it really is. It's not just, oh it's better to eat fresh - what it should be is "this shit is poison."

That's somewhat overdramatizing it, but not by too much; my point is, these companies have been peddling food that is dangerous to your health based on the science of how well it is preserved and how easy it is to bring to market and maintain inventory and convenience - without a damn thought or idea about what this experimental processing actually does to a person's insides. Formaldehyde will keep food fresh - that doesnt mean that you or I should eat it.

I am thankful for cigarette labeling and education, I get an informed choice. Perhaps that is the answer? "THIS WILL cause Diabetes and heart Disease!"

Re: insurance

Yes, obesity etc. is a risk factor that will raise insurance rates if you are paying for your own insurance. But that's almost irrelevant considering the majority of insurance is provided without regard to risk factors by virtue of merely being employed with benefits. I could have six months to live and get insured if Microsoft decided to hire me.

The real burden is the massive stress it places on the whole system, which sends costs rising, and guess who pays? Everyone. Especially as medicine gets really really good at keeping people alive (acute care) but still lags in teaching them how to live well.

Obesity Passing Smoking as Top Avoidable Cause of Death

http://www.washingtonpost.com/wp-dyn/articles/A43253-2004Mar9.html

Posted by Bill on March 10, 2004 at 11:34 PM


Robin Goodfellow:
"Suing fast food companies for making you fat is like suing Fruit of the Loom for causing your infertility."

When I read this, I thought you were going somewhere to do with binding tightie-whities and sperm production--especially with that "shoveling in" part--but I have to say, your way got your point across much more simply. Maybe I spend too much time thinking about guys in their underwear.

(And thanks for the answer, Rosemary.)

Posted by Sean Kinsell on March 10, 2004 at 11:35 PM


You are you, you are responsible for you. If you arn't paying attention and walk into the patio door, you can't say, "See what you made me do!" To the fine looking babe you were staring at before you made your dumb move with the door.

In a free society we make many choices, they're our choices...what church to attend, if any...what political party to support, if any... what food to eat...if any gets a little worrisome right there so we'll leave that alone.

We all make choices, but they're our choices and if they're wrong, they're our wrongs.

In my life I have had to make a lot of decisions, many under pressure, some with lives at stake, my decisions, my choice.

Thank God most of the important ones were correct.

When they were incorrect who did I blame? Me.

Only one person in your life is responsible for what you do and the results of your actions...you.

I am now a 71 year old retired engineer who enjoys a big sandwich and a couple of beers for lunch.

I should weigh 185 pounds, I'm pushing 205, it ain't Bud's fault...It's mine and I enjoy it.

Love to all and let those whom you love know your love.

Posted by QuantumThnk on March 11, 2004 at 1:04 AM


Bill, you're right: I was luckier than a lot of people. My parents grew vegetables during the summer, my mother baked all our bread, and we never had soda in the house except as an occasional treat. Not everyone grows up learning the straight dope, and advertisers tell you what works at selling their products. I'm full of sympathy for those who are confused by all the messages and need some trial-and-error time before they figure out what's what when it comes to living a responsible and healthy life.

But, come on. The people in these lawsuits are in their, what, late thirties and forties? And they've spent four decades in America without encountering the advice that a healthy diet includes lots of vegetables and minimally-processed foods? Never never never? Or at least, not frequently enough to wonder whether they should investigate it further? Bill, by your own account, you started looking into these things when you saw evidence against the food-comes-out-of-cans system you were brought up with--and bully for you, as far as I'm concerned. The information was out there, and you evaluated it. It is beyond the wit of man why some people don't think it's their job to do the same.

Posted by Sean Kinsell on March 11, 2004 at 1:37 AM


"I like mine with lettuce and tomato,
Heinz 57 and french-friend potato
Big kosher pickle and a cold draft beer
Well good gosh a'mighty which way do I steer?

for my... cheeseburger in paradise
Medium rare with mustard d'be nice
Heaven on Earth with an onion slice
I'm just a cheesburger in paradise!"

Posted by Dean Esmay on March 11, 2004 at 1:39 AM


What exactly in a Big Mac is unhealthy?
Tell me, PLEASE.
(no vague generalizations - I want specific, scientific answers)

Bill mentioned trans fatty acids, but these are found mainly in pastries (fresh or not) and other things with margarine/shortening.
As for calories, I'll bet your likely to get a lot more at a repectable Italian restaurant. Grandmothers are also notorious for giving you far too much.
Granted, the meat isn't that fresh, but doesn't give you salmonella, and just because it doesn't taste that great, doesn't mean it'll ruin your health. And it might very well be less fatty than peanut butter.

I'd avoid the fries, though. (easy for me to say. I hate french fries)

Posted by maor on March 11, 2004 at 6:53 AM


I keep looking at that Cheeseburger Bill title and can't think about anything other than whether he is a competitor of Taco John.

Posted by triticale on March 11, 2004 at 8:19 AM


Fries are EVIL, so naturally I love them. I must avoid them as well. I don't want my ass to be wider than a bus tire.

Posted by Rosemary the Queen of All Evil on March 11, 2004 at 8:23 AM


It's always the same people who buy supersize- the average size ones share a whole meal with their protesting, Happy-meal-demanding children. The large ones, who sometimes don't fit in a booth, eat it themselves. Several times a week. One particularly large man always ate a Double Quarter Pounder w/cheese supersize meal- with a MILKSHAKE. A 44- ounce milkshake. Every day.

I never touched the food, mostly because my food allergies made it dangerous to eat anything I don't make myself. Also, I don't want to be fat again. I was a size 20 once. Now I'm healthy in a 14 (12 being my smallest possible size)and never going back. Looking at the regulars, it was easy to see why.

I no longer work there and never will again, having read Fast Food Nation in the interim. That summer taught me a lot about willpower, though. Some people just need it.

Posted by Lauren on March 11, 2004 at 9:16 AM


You shoulda seen how much I ate at home last night. And I'm kinda skinny;)

Posted by maor on March 11, 2004 at 10:05 AM


MSNBC says that the Burger Bill won't pass the Senate...which Senate member is going to vote against this? I didn't know that the Lovehandle Lobby was so powerful in Washington.

Posted by SaWb on March 11, 2004 at 1:18 PM


Maor- Salt, fat substitutes, thickening agents, colouring chemicals, emulsifiers, antioxidants and a lot of something called "natural flavourings."

Posted by Bill on March 11, 2004 at 2:50 PM


"and a lot of something called "natural flavourings..."

...that can be savored while driving some of the New Jersey Turnpike. If you know what it is when you smell it, it helps to avoid the burger joints at the rest stops – sometimes ;-).

The "personal choice" advocates should learn a little about human psychology, especially compulsion and addiction, you sound naive. And kids can’t make the kind of informed decision some adults can even if the corporation offers clear and accessible disclosure about their products. They just reeaaalllyy (pleeeeeeeaase) want the happy meal and cute toy they just saw 8 times on TV.

By the way, do the owners and operators of the fast food industry have ANY personal responsibility to do the right thing? Or, in the interest of making money, is their only responsibility to develop things we can’t resist – and super-size them – no matter how bad they are for us? I’m just asking.

I’d have to say that the THREAT of lawsuits has, overall, been a good thing as a check against corporate misbehavior. Killing some incentives and rewards for abusing the system (ESPECIALLY for class-actions) and a better judicial screening for truly frivolous suits is fine with me but blanket immunity for certain industries seems simple-minded and dangerous.

Posted by shep on March 11, 2004 at 4:12 PM


Shep: Other than telling the truth about what's in their products, the owners and operators of the fast food industry have no responsibility, period.

I have no interest in you or anyone else deciding for me what's good for me. Thank you.

By the way, have I ever mentioned my belief that those of you on the political left are the real political conservatives these days? :-)

Posted by Dean Esmay on March 11, 2004 at 7:29 PM


Cool, Dean. Then please come visit my new franchise, MarijuanaBurger (opening day following blanket immunity from any and all law and liability, courtesy of the new “liberals”). Our tag: "Mega-size it; you're hungrier than you think". And, yes, we do have a drive-through.

That "politically conservative" enough for ya?

Posted by shep on March 12, 2004 at 12:27 PM


Yo, Shep, as long as you list it as such, and people know what type of burger it is, I think you should be able to. Why not? Protecting people from their own mistakes and their own stupidity is classical conservativism.

In any case, the parents are responsible for their own children. State must protect us from "things we can't resist". How is that different for a nineteenth century clerical conservative?

Posted by Libertarian on March 12, 2004 at 10:38 PM


Error. I meant how is it different from a nineteenth century clerical conservative?

Posted by Libertarian on March 12, 2004 at 10:40 PM


This act was obviously named in honor of "Cheeseburger Bill" Clinton.

Posted by Mike D in SC on March 13, 2004 at 12:58 AM


 



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