[VRWC_minion]

Until they put in weight scales and prohibit restaurants from serving overweight customers, then they are just being hypocritical(they really are not concerned about the health of the customers).

Typical logical fallacy used by many nonsmokers. If X causes damage and Y causes damage we cannot do anything about X unless we also do something about Y.

Variation of false choice.

[Just another Joe]

If X causes damage and Y causes damage we cannot do anything about X unless we also do something about Y.

Your fallacy.
Mine is, "If X is not proven to cause damage and Y is proven to cause damage then leave X alone and do something about Y."