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Ice-Cream 'Sue Fat Movement' Leaves Washington-Area Consumers Cold
The Washington Times ^ | 7/28/03 | Anne Bakalis

Posted on 07/30/2003 4:21:14 AM PDT by TrebleRebel

Jul. 28--Some Washington-area residents think the new crop of lawsuits targeting the ice-cream industry is leaving out a key ingredient to junk-food consumption: personal responsibility.

In fact, the latest step in the self-termed "sue fat movement" had some people laughing in their dulce de leche milkshakes.

"I think it's ridiculous," said Steve Patrick, 40, of Columbia, Md., who recently ate a cup of Cherry Garcia in Ben & Jerry's in Georgetown.

"Everyone knows Ben & Jerry's and Haagen-Dazs is a premium ice cream. You can't be premium without having butterfat and sugar."

Mr. Patrick's opinion reflects those who think people should not blame anyone but themselves for their weight gain.

This new battle in the fat lawsuit war will bring Ben, Jerry, Haagen-Dazs and other ice-cream makers to court if they don't properly display the fat content of their ice cream on menus in their stores.

Last week, John Banzhaff III, a law professor at George Washington University and leader of the movement, sent out letters to six major ice-cream companies. The letter warned that ice-cream companies will face litigation if they do not put the fat content on menu boards. The letters also were signed by Michael F. Jacobson, executive director for the Center for Science in the Public Interest, a nonprofit health advocacy group in the District.

"It isn't fair to blame companies for something that you've chosen to eat," said Tory Keller, 41, who was eating ice cream at a food court in Tyson's Corner. "I eat it, and I know it's fattening."

Her friend, Judith-Anne Martin, 31, enjoying chocolate ice cream in a waffle cone, said she knows she is eating a high-caloric food, but chooses to do it anyway.

"When you eat ice cream, you know you're not eating an apple or an orange," she said.

Some people think this latest step in the obesity lawsuit crusade is simply another cash cow for lawyers. The movement has been compared, both by the opponents and Mr. Banzhaff, as the next big tobacco. He boasted recently that $246 billion was made from major tobacco litigation and that a similar amount could be made, mostly by settlements, in obesity lawsuits.

"They found their niche," Miss Martin said of the lawyers. "Although I don't agree with their motives, they are smart, smart lawyers."

Mr. Banzhaff said he does not make any money from the settlements, which have totaled more than $14 million, but passes the word on to other trial lawyers. "I don't ever see a dime," he said.

Mr. Banzhaff has made no attempt to hide the fact that going after ice-cream companies is a good way for trial lawyers to make money.

Not one obesity case has gone to court, but three have been settled out of court for more than $14 million. The first and largest was $10 million -- a McDonald's settlement that put the fat lawsuits on the map last year.

Mr. Banzhaff said recently that these lawsuits could encourage "trial lawyers to become involved in lawsuits where they can make money."

But he still refers to these lawsuits as "public interest," citing obesity as a major killer.

"This is not a public-interest issue, just extortion," Mr. Patrick said, adding that Mr. Banzhaff and his group are making a "bad habit" themselves of suing the fast-food companies.

The new targets of the sue fat movement are Baskin-Robbins Inc., Cold Stone Creamery, the Haagen-Dazs Shoppes Inc., TCBY, Ben & Jerry's Homemade Holdings Inc. and Friendly Ice Cream Corp.

"Everybody knows that ice cream is fattening," Chara Elise said as she ate a chocolate-and-vanilla-swirled frozen yogurt cone -- she thought it was soft-serve ice cream.

A Ben & Jerry's employee said she hardly ever eats the product that she scoops for others.

"Ice cream makes me fat," said Mieia Edmonds, 16. "Too much of anything isn't good for you."


TOPICS: Business/Economy; Crime/Corruption; Culture/Society; Extended News; Government; Miscellaneous; News/Current Events
KEYWORDS: foodpolice
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To: Sam Cree
Philosophically, the Left believes neither in free-will nor personal responsibility nor - ultimately - political freedom. All intermediate institutions between the federal government and the individual - family, church, voluntary associations, business, state and local governments - are made subservient to the federal government. During the process of transferring all power to the federal government, the Left appears to be the champion of individual rights, but the ultimate trajectory of the Left's philosophy is to destroy individual liberty. All of these anti-business lawsuits have an ex post facto quality that violates the spirit of the Constitution and softens up the private sector in favor of top-down rule.
41 posted on 07/30/2003 7:46:10 AM PDT by Steve_Seattle
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To: Just another Joe
as yoda might suggest, "egyptian river not only de-nile".
42 posted on 07/30/2003 7:53:30 AM PDT by kinghorse
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To: Steve_Seattle
Yeah, I think you are right on the money.
43 posted on 07/30/2003 8:01:47 AM PDT by Sam Cree (Democrats are herd animals)
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To: kinghorse
"egyptian river not only de-nile".

I'm not saying that there are not risk factors involved with smoking tobacco. Only that that is what it is, risk factors not sure things.

As far as ETS (second hand smoke) goes, you would think that with all the money and the years of time that the anti-smokers have put into it they would be able to prove risk factors for ETS also.
Such is not the case. The largest longest studies done so far have found no statistically significant link between ETS and any disease.

44 posted on 07/30/2003 8:11:36 AM PDT by Just another Joe (FReeping can be addictive and helpful to your mental health)
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To: Just another Joe
not talking about the fringe whackos here. ETS or whatever it's called is a bunch of BS along with banning smoking in beer joints. Smoking cigs will hasten your delivery to the All Mighty and have a pronounced deleterious effect on the quality of your life. Maybe not this week or next but eventually it catches up to everyone.
45 posted on 07/30/2003 8:27:48 AM PDT by kinghorse
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To: TrebleRebel
"It isn't fair to blame companies for something that you've chosen to smoke eat," said Tory Keller, 41, who was smoking a cigarette at a tobacco shop eating ice cream at a food court in Tyson's Corner. "I smoke eat it, and I know it's considered unhealthful fattening."

See? These people don't care anything about the chirren!

46 posted on 07/30/2003 8:30:06 AM PDT by TigersEye (Joe McCarthy was right ... so was PT Barnum!)
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To: kinghorse
Maybe not this week or next but eventually it catches up to everyone.

Yeah, it caught up with my old man at 95 and his poor kid brother only made it to 91, both smokers.

47 posted on 07/30/2003 9:16:03 AM PDT by metesky ("Brethren, leave us go amongst them." Rev. Capt. Samuel Johnston Clayton - Ward Bond- The Searchers)
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To: metesky
I'm sorry to hear about their untimely demises. Was it smoking related?
48 posted on 07/30/2003 9:27:05 AM PDT by TigersEye (Joe McCarthy was right ... so was PT Barnum!)
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To: metesky
Caught up with my grandmother at 101 along with the scotch and water. Her sister who never smoked or drank, and lectured everyone who did was hugely obese. She met her demise in the form of a stroke at 61.
49 posted on 07/30/2003 9:27:10 AM PDT by Texan5
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To: Texan5
My heavy smoking grandmother only made it to 85. It wasn't related to tobacco though.
50 posted on 07/30/2003 9:30:27 AM PDT by TigersEye (Joe McCarthy was right ... so was PT Barnum!)
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To: TigersEye
No, neither one. My old man died of stuborness and his kid brother had a heart attack.
51 posted on 07/30/2003 9:52:11 AM PDT by metesky ("Brethren, leave us go amongst them." Rev. Capt. Samuel Johnston Clayton - Ward Bond- The Searchers)
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