Suing Mickey D's? Fat chance - Bill would bar lawsuits over obesity

Speaker Pro Tem Rep. DuBose Porter (D-Dublin) is sponsoring a bill that would prohibit people from suing restaurants and food and beverage manufacturers for obesity-related health problems.

Porter said he was not aware of any such lawsuits in Georgia. But the food industry has been targeted in other states, including a highly publicized lawsuit against McDonald's filed on behalf of obese children in New York City.

The "McLawsuit," as critics derided it, was dismissed by a federal judge last year. Lawyers had sought to hold McDonald's liable for billions of dollars in damages for contributing to the obesity of the children by failing to publicize the fat, cholesterol and salt content of its fast-food products.

"We've had a number of frivolous suits throughout the country," Porter said Tuesday. "We're trying to avoid the national trend."

He said his Common Sense Consumption Act differed from tobacco lawsuits in that cigarettes are inherently unhealthy. "It's not the individual products," he said. "It's the amount people choose to eat."

Porter said representatives of the restaurant and beverage industries had asked for the legislation. He specifically cited Atlanta-based Coca-Cola Co. as one of the companies whose products could use such protection.

Dennis Cathey, a trial lawyer in Cornelia and incoming president of the Georgia Trial Lawyers Association, said such legislation was unnecessary.

The court system should be allowed to determine what defines frivolous litigation, not legislators, he said. "We've got some real civil justice issues being debated down there," Cathey said. "This seems low-priority."

http://www.ajc.com/news/content/health/0204/24obesekids.html

TV ads beef up kids' odds of obesity

By ELIZABETH LEE
The Atlanta Journal-Constitution
Published on: 02/24/04

Grandma was right, after all.

Turning off the TV and eating a home-cooked meal may be among the best ways to keep kids from packing on the pounds, according to separate studies released Tuesday.

It's no surprise that children who watch a lot of television are more likely to be overweight than those who don't. But that may not be because they're glued to the tube instead of playing soccer.

A barrage of commercials for junk food is most likely the cause, according to a new report from the Kaiser Family Foundation, a nonprofit group that studies health care issues. Kids see 40,000 ads a year, double what they watched a generation ago. Most are for cereals, candy and fast food.

An American Psychological Association report issued Monday reached a similar conclusion, and called for restricting ads aimed at children younger than 9. At that age, children believe all ad messages are true, the APA report concludes.

"Ten billion dollars in food industry advertising aimed at kids is a powerful counterweight to parents trying to get their kids to eat a balanced diet," said Vicky Rideout, a Kaiser vice president.

Kids' menus high in fat

A study of kids' menus at family restaurants points to other stumbling blocks in keeping children trim.

Most of the offerings are high in calories and fat, even when adult menus offer healthier choices, according to the Center for Science in the Public Interest, a consumer advocacy group, which released the study Tuesday.

Every kids' menu listed fried chicken fingers or nuggets, 85 percent sold burgers and at more than half the restaurants, french fries were the only side dish.

A few chains also offer lighter food. They include Cracker Barrel and Red Lobster, which recently added grilled seafood and chicken and steamed vegetables to its children's menus.

Ten percent of preschoolers and 15 percent of children ages 6 to 19 are overweight, according to the Centers for Disease Control and Prevention. The obesity rate for adolescents has tripled since 1980, the CDC said. More kids are developing diabetes and other obesity-related health problems, from high blood pressure to depression.

After analyzing dozens of studies on kids' media use, Kaiser found limited evidence that watching TV discourages children from being active. Kids who don't watch TV are likely to substitute another passive activity, such as reading or talking on the telephone, Rideout said. The report did not examine Internet advertising because there's little research available on its effects. A lawyer for the Grocery Manufacturers Association disagreed with calls to restrict commercials aimed at children.

"Advertising is not going to take advantage of kids of younger ages," said Bill MacLeod, "and there are numerous checks and balances in place to make sure that doesn't happen."

Federal limits on ads

Federal guidelines place limits on the number of ads that can run during TV programs aimed at children under 12, and call for clear shifts between programs and commercials. The Children's Advertising Review Unit, an industry group, suggests guidelines and investigates complaints. MacLeod said networks screen commercials before they air, although many cable channels do not.

TV watching, the Kaiser report said, is just one factor in the obesity epidemic. It suggested solutions ranging frompromoting healthy eating habits in kids' programming and public service ads, to regulating food ads targeted to children.

The Federal Trade Commission, which regulates advertising, and the Federal Communications Commission, which regulates television, considered banning TV advertising to kids in the 1970s, based on concerns that young children lacked the ability to sift through the claims. The FCC imposed some restrictions, including the amount of time that could be devoted to commercials during children's shows.

Britain is considering stricter guidelines on ads aimed at children. Sweden doesn't permit any TV ads directed to children younger than 12.

Cutting kids' TV time by one-third may be the most effective action parents can take to help prevent weight gain, said Rideout, of the Kaiser foundation. "So many of the solutions are difficult," she said. "Perhaps just reducing the time with media would be one that is easier to accomplish."

Parents pose challenge

The American Academy of Pediatrics recommends no television for kids under 2, and limiting screen time to one to two hours a day of quality programming for older children. The physicians group also advises against televisions in kids' rooms.

Persuading parents to pull the plug can be tough. A Stanford University team studying how TV viewing affected kids' weight asked third- and fourth-grade students to cut screen time to an hour a day after attempts to convince their parents stumbled, said Tom Robinson, an associate professor of pediatrics at Stanford's medical school. He's not letting parents off the hook, though.

"Last time I looked, a 3-year-old couldn't go through the drive-through at McDonald's," Robinson said.

The National Restaurant Association criticized the study of family restaurant menus and suggested parents who want to make other choices for their children can order from the adult menu or substitute side dishes.

Sen. Tom Harkin (D-Iowa) introduced legislation Tuesday that would require chain restaurants to provide nutritional information for standard menu items. A similar bill is pending in the House.

The restaurant association opposes the measure, calling it a simplistic approach that doesn't allow for customized orders.

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