Don't be so sure. Tobacco companies won for many years before the anti-responsibility crowd finally broke through. These suits will probably be filed and refiled on diferent legal grounds until they get a win.
I recently came back from living overseas, and after I got back I noticed that some food, e.g. yogurt and Coca-Cola, was being offered in smaller containers than when I left. This suggests to me that companies expect that legal trouble is a possibility, so they're offering more choices as a way to partially immunize themselves. It will be interesting to see if McDonald's et al. start offering smaller portion sizes for those who want them.