More Trans Fat Law Suits After NYC Three Already Successful, Theories Abound

Main Category: Litigation / Medical Malpractice
Also Included In: Nutrition / Diet
Article Date: 10 Dec 2006 - 0:00 PDT

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New York City's decision to ban trans fat increases the likelihood of even more trans fats law suits -- three of which have already been successful -- by focusing attention on the problem, and also showing that removing trans fat from a vast variety of foods is feasible, says the public interest law professor who has been called the lawyer "Who's Leading the Battle Against Big Fat," and "a Major Crusader Against Big Tobacco and Now Among Those Targeting the Food Industry."

"Fat may well be the next tobacco, and trans fat is likely to be one of the most promising targets, because it's so dangerous and totally unnecessary, and because there are so many legal theories under which it can attacked," says law professor John Banzhaf who helped lead the movement to sue cigarette manufacturers, and started the anti-obesity litigation movement. He is not the only one to be drawing parallels between trans fat and tobacco.

The parallels between tobacco and trans fat were also noted in an Associated Press article reporting on New York City's decision: "the mayor, Briguet added, "is just as responsible for the health of someone eating the wrong food as for someone who kills himself smoking." Bloomberg banned smoking in New York's bars and restaurants during his first term.

"Just as anti-tobacco law suits targeted different segment of the problem -- e.g., menthol cigarettes, low tar and nicotine cigarettes, etc. -- and were based on a variety of legal theories, so to can some fat law suits single out trans fats, and attack them on a variety of legal grounds.

For example, fast food chains might be vulnerable if they fail to warn consumers that their products contain trans fat since restaurants are not required to disclose the amount in grams, or if they contain substantially more trans fat than similar products from competing fast food establishments. Food makers could also be liable if, for example, in products clearly marketed to kids, they do not note if the trans fat content is high compared to a child's (not an adult's) nutritional needs.

Also, as CBS-TV recently noted, new scientific evidence that foods high in fats -- including trans fats - can have an addictive effect on the brain similar to that of nicotine, alcohol, and heroin may one day require that fast food restaurants display an appropriate health warning, as Banzhaf suggested in the CBS piece.

"The food industry can no longer ignore the 900-pound gorilla in terms of the war on fat and calories," says Banzhaf, and "where there are unnecessary deaths and needless disability, there are sure to be trial lawyers and high jury verdicts."

Doctors at Harvard University have reported that: "By our most conservative estimate, replacement of partially hydrogenated fat in the U.S. diet with natural unhydrogenated vegetable oils would prevent approximately 30,000 premature coronary deaths per year, and epidemiologic evidence suggests this number is closer to 100,0000 premature deaths annually."

"Any substance which kills 100,000 Americans each year -- more than all automobile accidents, crimes, and AIDS combined -- cannot continue to escape regulation, legislation, and ultimately successful litigation," argues Banzhaf.

PROFESSOR JOHN F. BANZHAF III
Professor of Public Interest Law
George Washington University Law School
FAMRI Dr. William Cahan Distinguished Professor
2000 H Street, NW, Washington, DC 20006, USA
http://banzhaf.net
http://banzhaf.net/obesitylinks