Fast-food lawsuits may create industry changes

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In a nation where obesity is an epidemic, the fast-food industry will likely continue to come under legal attacks similar to those made against the tobacco industry, said a University of Missouri food law expert. It_s still a question on just how successful those attacks will be.|ret||ret||tab|

_Lawsuits against the food industry differ in crucial ways from suits filed against the tobacco industry,_ said Tom Wilson, who teaches hospitality MU, in a news release. _Proving causation for liability purposes is difficult._ |ret||ret||tab|

One plaintiff strategy is to compare junk food to tobacco as an addictive drug. |ret||ret||tab|

But the more difficult key will be for a plaintiff to show specific causal connection between a McDonald_s French fry or hamburger and an incidence of cancer, heart attack or other serious health problem, he said.|ret||ret||tab|

The stakes in such lawsuits are large. Americans _ 60 percent of whom the U.S. surgeon general says are overweight _ spend $115 billion a year on fast food. At the same time, Americans spend another $50 billion a year on diet and weight loss problems. |ret||ret||tab|

Consumers can expect to see some changes in the fast-food industry due to the continuing threat of litigation. |ret||ret||tab|

_I think we will see an attempt to at least produce some healthier food products,_ Wilson said.|ret||ret||tab|

McDonald_s is said to be testing a Happy Meal with fresh fruit instead of fries. Frito Lay is cutting trans fats from its Doritos chips. Kraft Foods, sued over the fat content in Oreo cookies, announced steps to reduce portion sizes of some products, eliminate in-school marketing of its brands and reduce the fat content.|ret||ret||tab|

Consumers can also expect to find nutritional labels in more obvious places such as the point-of-purchase labeling at fast-food outlets, Wilson said. |ret||ret||tab|

Should large judgments hit the food industry like they did tobacco, consumers may face a _fat tax_ as food companies attempt to pass the cost of such litigation onto the consumer. |ret||ret||tab|

The food industry is also attempting to obtain legislative protection such as the Personal Responsibility in Food Consumption Act now in Congress. If passed, this would bar lawsuits against food companies whose products are in compliance with existing laws and regulations. |ret||ret||tab|

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