Tuesday, October 23, 2007

Obesity and the Right to Sue

In our text Psychology-Concepts and Connections by Spencer Rathus we learned that "Children in the United States are exposed to an average of 10,000 food commercials a year. More than nine out of ten of theses commercials are for fast foods (like McDonald's fries), sugared cereals, candy, and soft drinks". We also learned that there is currently an obesity epidemic in the United States in that 66% of American adults are either overweight or obese.(Center for Disease Control and Prevention, 2003-2004) Rathus writes that "Obese people encounter more than their fair share of illnesses, including heart disease, stroke, diabetes, gall bladder disease, gout, respiratory problems, even certain kinkds of cancer."

My question is: do you think obese people sufferring from health problems have the right to sue McDonald's and other fast food establishments? Why or why not?

23 comments:

Cheyanne said...

I do not believe that obese people have the right to sue any fast food establisments. The places have the right to serve the people what they want, but its the consumers responsiblity to decided what they should for their own health. They should not blame others for their fault, a scape goat.

jenniferd said...

I agree with Cheyanne. People, as consumers of a product, are in total control of what they choose to buy. Nobody held a gun their heads and demanded that they buy McDonalds or any other fast food, they chose to. Furthermore, fast food companies are simply just trying to make a living, not kill anybody.

Mark A. said...

Obese people should not be able to sue the restaurant since it was there own decision to dine there. Yes, the commercials that occur might be a little TOO much. These restaurants should not be only about making money by advertising on every single channel, they should think about what they are doing to the people and their generations still to come. Also, the commercials that you see about fastfood try to pursuade you in any matter possible. This made me think about why the government lets these commercials lie to people and pretend that the food is good and healthy according to the way the commercials are made. Is there not a law that says public advertisments should not lie to people?

Unknown said...

I understand what all of you are saying regarding a person having the opportunity to choose the food they eat. On the other hand, if I may play the devil's advocate, what about the comparison of the fast food industry to the tobacco industry? The tobacco industry was successfully sued because it knowingly and consciously marketed its products that they knew caused serious health problems such as lung cancer to children and adults.The same could be said regarding McDonald's. For years it was well documented that the type of food served at McDonald's causes obesity which causes severe health problems such as diabetes. This is because food from McDonald's and other fast food establishments is high in fat, calories, salt,corn syrup, partially hydrogenated oils, artificial flavorings and colorings, pesticides, and hormones. Even though the McDonald's executives knew this type of food is unhealthy and can lead to disease, they nevertheless aggressively and relentlessly market their food to children. Their goal is to get the kids addicted to fast food, so they will become lifetime customers. This sounds a lot like the tobacco industry to me.By the way, yes, there are laws against false advertising, and one very effective way to enforce these laws is through a lawsuit.

Adam Omar said...

I think that people do not have the right to sue fast food companies because it is common knowledge that these restaurants are unhealthy and can cause many health problems. So it is their fault when they eat too much junk food. They should have limited what they consume. In addition I think that those who attempted to sue fast food companies did not realize their mistake soon enough. The sad thing is that more kids know who Ronald Mc Donald is than any historical figure. My only concern is the kids who are influenced by these commercials. A lot of kids like going to fast food places to either play in the play place or get a toy with the meal.

kristinec said...

I agree that obese people do not have the right to sue any fast food establishments. People have the right to choose of what they eat and people who are obese are the ones who continue eating those kinds of food; they already know that the food they are serving are high in calories and nevertheless, they still consume it. So what is the point of having to sue fast food restaurant if they are the one whose at fault. I am not saying that fast food restaurants are not to blame but they are part of the reason. The people who is consuming their food are to blame. They eat what they want and that is the result of it. No one is stopping them to eat food but they should have control of what they eat. And do not start blaming fast food restaurants. Like Jennifer said, fast food companies are simply just trying to make a living, not to kill anybody.

Cheyanne said...

Hahaha I think that fast food resturants make too much money for their own good. They just want to make more and they do not pay their workers well enough. In-n-out has a start pay of $9.50! and they stil make a ton.

AndyC said...

But its kind of the people's fault for being obese because they chose to eat at McDonalds and eat so much of it even though they already knew how bad it was for them. But McDonalds and some other fast food places aren't helping the cause either they just do whatever has to be done to make the most profit. And through the video "super size me" it shows how much salt and preservatives are in McDonald's food. So even with this knowledge people still choose to eat there thats their fault.

phil man chu said...

As much as I like to pin the problem on the people who are afflicted, this time i think that there is a bit too much advertisements of fast food. Yes i understand they are a major corperation and what not, but there should be a limit- this limit not being how much can one pay. The problem is not teens and adults watching the advertisements (since we condition ourselves to tune out the junk) but children who have not learned to do this and take everything at face value. But i do blame the much older generations when they didnt have the near constant barrage of ads. When they become obease i see no reason to defend them, EVEN ALLOW MEDICAL HELP. although this sounds cold and heartless, it seems reasonable enough. They did them to themselves, thats all that needs to be said. As for tobacco industry who ever is suing MUST BE IDIOTS. Sure they lost out on some profits in america. Some people lose sight of the MUCH larger picture. Erm...like i dont know THE ENTIRE WORLD. Most of the world does not have any regulation on smoking. there is smoking in foreign resturants, public areas, ALMOST ANYWHERE. So i bet the tobacco industry is LAUGHING at our pitiful attempts at stopping them.
But there is one good that has come of it. Now in most public place in america smoking is not allowed. YAY.

Adam Omar said...

I would have to agree that they should limit commercials because they are trying to target children. I always see these silly Mc Donald’s or Burger King commercials in television. I find it sad how most of their ads, if not all are childish and show toys. The commercials also seem to be family oriented so they can get more money. I think the customers and the companies should know when enough is enough. The customers are buying too much food and the companies are putting too many ads.

Unknown said...

I think you all have convinced me that the individual needs to accept personal responsibility for the food choices he or she makes. But I am still bothered by any corporation that knowingly and consciously markets to children a product that is well known to cause sickness in both kids and adults. The fact is that people acquire a taste for whatever type of food they mostly eat as a child. If one is born in India then one aquires a taste for Indian food. Likewise, if one is fed a healthy diet then one acquires a taste for healthy foods. Fast food companies like Mcdonald's target kids with their relentless and aggressive campaigns of toys, a clown, etc. The children develop a preference for fast food, maybe even a psychological addiction to it, so that it is very hard to stop the habit of eating fast food.

Samuel Karp said...

One of the guiding principles upon which the United States was founded was that of personal responsibility; in our society, a person is responsibile for knowing what he or she eats, and the health risks associated therein. Yes, the fast food corporations in this country consciously market to children a product likely detrimental to their health. The key difference, however, between the fast food industry and the tobacco industry is that nicotine (in tobacco) is physically addictive. Marketing a physically addictive substance to children is substantially different from a product that is not addictive. Regardless of the fact that both products are detrimental to one's health, a physically addictive product seems more likely to inflict harm over the long term than that which does not induce a physical addiction.

In our current legal system, the only suit that I can think of with grounds would involve deceptive marketing.

Anait said...

I think that obese people both do and do not have the right to sue them. The reason why i think they do not is because they need to have some self control and not eat these foods. The reason why i think they do is because these places like Macdonald's got the people hooked and some of them cant help watching the commercials and not eating. Also, since there is a fast food place on almost every block makes it harder to resist.

Anait said...

I agree with Ms. Winnard because if tobacco laws can be put in for harming people why can't a fast food law be put in it harms people too, and sometimes it harms them even worse. For example people who smoke will get cancer after many years of smoking, but people who see these advertisements and eat these foods can get so many more diseases and way faster than tobacco. Like diabetes, they can get diabetes really fast and will have to live with it for the rest of their lives, while people who smoke get cancer like 40 years after they start smoking. I think there should be a law that does not allow fake advertisement and one that doesn't allow a fast food place within three blocks from another, this way people will not be so tempted to eat fast food.

Unknown said...

Very interesting points...Samuel, my father happens to be a lawyer, and when I told him about this discussion that we are having, he made the exact same point that you did about tobacco being addictive. I think that one could argue that this is a crucial difference. On the other hand, some have made the argument that fast food is also addictive. For example, in the film "Supersize Me", the filmmaker claimed that he felt that he was developing an addiction to McDonald's. I think that people can definitely develop a psychological addiction to fast food, but I am not sure about a physical addiction. At any rate, I think it would be difficult to prove in court. I also agree with Anait about legislating the amount of fast food restaurants in a particular neighborhood. On another note, what do you think about fast food franchises expanding overseas?

Adam Omar said...

I remember I saw Super Size Me at school. The guy who tested it was healthy and fit. After a while he got lazier, ate more, got hooked on the food, got bigger, and randomly got depressed. Sadly he even died! After watching this I now realize how bad this food can be. There is probably a lot more bad things that normal people don’t know about. I think the FDA should investigate the foods they serve at fast food places and if it is bad enough, they should take action.

Unknown said...

Unfortunately, the FDA does not always act in the best interest of the public. For example, the FDA has allowed the use of rBST, a controversial growth hormone banned in Europe, to be used in dairy cows. Another example is that the FDA has allowed hydrogenated oils in a plethora of packaged foods and fast foods, even though hydrogenated oils are known to clog one's arteries and cause heart disease. Several months ago the FDA decided that beef obtained from cloned cows does not have to be labeled as such, even though most consumers would want to know this information. These are just a few examples; there are many more. I agree that the FDA should better protect the consumer, but in the meantime we must educate ourselves about the food that we eat.

MoniqueDinh said...

I do not think that people have the right to sue fast food chains for their obesity. There is no such thing as "healthy" fast food. All processed fast food is bad for a person's health, so what did these peope expect when they were eating their cheesburgers? That they were getting healthier or thinner? It's just common sense...

STAGAL88 said...

No. I honestly don't. I feel sorry for them and I understand they go through alot, but it's their own fault. Many people argue that it's the fast food restaurants who are to blame, but really, come on now, we can only blame them for so much. The only blame we can put on them is that they do not label their products with the nutrition facts. but its out there, if these people really wanted to know they would. one can only be blindedfolded, but we are the ones who choose to shut our eyes and open our lips. People are so oblivious, and they are always looking for someone else to point their fingers at. Healthy choices are not that far fetched. Go to Costco they have awesome ready to go food; and its healthy but best of all its very inexpensive. You can get a turkey sandwich and a side of salad for the same price of a big mac meal at Mcdonalds.

Unknown said...

If a company knowingly marketed to children toys known to contain lead would we have the right to sue them? The toys are not addictive but are harmful, just as one could argue that fast food may not be addictive but is definitely harmful.
(I accidentally wrote this question on the wrong blog entry, so I wrote it twice. Sorry!)

matthew rubinfeld said...

no i dont think they are able to sue mcdonalds because that was there choice to eat the fast foods. people should not blame any fast food spot for their weight gain. the fast food spots have to serve anyone that is wishing to buy.

JOSH.S said...

No i dont really think people who are obese have the right to sue these fastfood companies. There are many tempting things in this world. If you choose to accept them you must suffer the consequences. I myself eat fast food and im not obese. You have to regulate the amount of food you eat as well as choose healthier diets.

JOSH.S said...

I thought reading my buddy adams comment was very amusing. I do agree with his statement " More kids no Ronald Mc Donald ". Its sad to say that society can become this. We are consumers. many of us only care about material things.