The bellies of Americans have ballooned out proportionally to the growth of the U.S. fast food industry during the last three decades. According to the Centers for Disease Control and Prevention, the number of obese American adults—between 20 and 74 years old—more than doubled from 15 percent of the population in 1976-80 to 32.9 percent in 2003-04. And according to the U.S. Foodservice Industry Forecast, U.S. fast food restaurants doubled in number from the early ‘70s to the mid ‘90s and now total approximately 247,115. Now, some are drawing parallels between these numbers and are seeking legal action against fast food vendors.

Linking Obesity and Fast Food

While members of the food industry argue that personal choices regarding diet and exercise lead to obesity, Dr. David Ludwig, a pediatric endocrinologist at Boston Children’s Hospital, published a study that he claims scientifically strengthens the association of fast food and obesity. In his study of 6,212 children, Ludwig found that 30 percent ate fast food on any given day during a dietary survey and as a result of increased caloric consumption could gain an additional six pounds per year.

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Patricia Gregory, a dietitian from Optimal Weight—a weight loss clinic in Gainesville, Fla.— discusses the problem with eating at a fast food restaurant and the hardship of eating right.

Obesity-Related Lawsuits

In 2002, trial lawyer Samuel Hirsch made history by suing McDonald’s on behalf of a pair of New York teenagers. Though the lawsuit was initially dismissed in 2003, a federal judge reinstated the suit in January 2005. With trial lawyers such as John F. Banzhaf III, one of the first to propose litigation against tobacco companies, behind the cause, further legal action against fast food companies could be on the horizon.

In front of a mock jury composed of students at the Harvard School of Public Health to simulate the McDonald’s suit, Ludwig, testified to the effects of fast food.

“A large fast-food meal would require a full marathon to burn off,” he told the panel.

Ultimately, the student jury found McDonald’s partially negligent, and though the plaintiff’s mother was found 45 percent responsible for her son’s condition, the fast food giant would have to pay 65 percent of the damages rewarded, according to Massachusetts law. With the threat of rulings like this crossing over into real courtrooms, groups like the National Restaurant Association are lobbying for legislation to end obesity-related lawsuits.

Obesity-Related Legislation

To date, 23 states have adopted bans against obesity-related law suits. Similar federal legislation sponsored by Rep. Ric Keller (R-Fla.), dubbed the "cheeseburger bill” passed in the House of Representatives and is awaiting a vote in the Senate.

Meanwhile, some jurisdictions are trying to force the hand of food vendors with regulatory legislation. The New York City Department of Health and Mental Hygiene has proposed a city ordinance that would phase out artificial trans-fats in all city restaurants. While trans-fat consumption and obesity are not definitively linked, they share some similar effects, such as heart disease, and research has suggested that trans-fat consumption might increase weight gain. Some fast food companies, such as KFC, recently have agreed to rid their menus of trans-fats.

“That’s a step in the right direction,” said Michael Perri, an associate dean and professor of clinical and health psychology at the University of Florida whose research focuses on obesity and eating disorders.

Information Over Legislation

Describing the legislative approach as “heavy handed,” Perri prefers a truthful advertising approach, in which fast food vendors would be required to reasonably publicize nutritional information regarding their products and perhaps more importantly what that means in the context of recommended caloric intake.

“You could end up getting in one meal two-thirds of the calories you need for the entire day," Perri said. "So providing that information is reasonable.”

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