During the past two years, class action lawsuits against the food industry for obesity and obesity-related diseases have gnawed their way into the American court system. The rationale: blame the food industry for personal consumption choices that lead to obesity and related health conditions.

The most recent cases were filed in New York State. One case was filed by a 270 pound man and the other by a group of teenagers. The actions were brought against McDonald’s, Burger King, Wendy’s and KFC. The plaintiffs in those cases claimed that the fried and fatty foods on the restaurant menus are addictive and that their addiction to fast-food led to overeating, weight gain and health problems associated with and caused by obesity. The food industry is forced to spend thousands of dollars defending against unwarranted obesity claims. These costs eventually make their way back to consumers through increased prices for food products.

As personal injury lawyers look for their next big payday the deep pockets of the food industry have become their target. Obesity lawsuits span the entire industry, from retailers and grocers to the farmers who harvest the raw materials and every corner fast-food restaurant.

The widespread threat of such litigation has been building for years and efforts to stop it at the federal level have been unsuccessful. Lack of federal action has prompted state legislatures, like Ohio’s, to address obesity suits head on. The Ohio House and Senate have responded to the increasing number of obesity lawsuits by introducing legislation that would provide immunity to the food industry.

In order to stop these frivolous lawsuits from ever seeing Ohio's courts, the Ohio Chamber will continue to advocate for immunity protections for the food industry from such claims of obesity. Both the House and the Senate have introduced legislation to address this pending threat against food producers, suppliers and retailers. The House version, HB 350 sponsored by Rep. Bob Gibbs (R-Lakeville), and the Senate version, SB 161 sponsored by Sen. Larry Mumper (R-Marion), currently provide a qualified immunity from civil damages to a manufacturer or supplier of a food or nonalcoholic beverage for a claim of weight gain, obesity or a related health condition resulting from the consumption of such food or beverage. Thus far, the only opposition has come from personal injury lawyers.

125th General Assembly (2003-04)

SB 161– (Mumper, R-Marion)

Bill Text LSC Bill Analysis

Enactment Process

May 4, 2004 The Senate Judiciary Committee amended the provisions of SB 161 into HB 350. February 10, 2004 Bill scheduled but no one testified February 4, 2004 - Testimony Beth Wymer, Executive Director of the Ohio Wholesale Marketers Association Larry Gearhardt, Ohio Farm Bureau Federation January 28, 2004 - Testimony Tom Jackson, President of the Ohio Grocers Association Nathan Willison, Legislative Affairs Director for the Ohio Council of Retail Merchants January 21, 2004 - Testimony Sponsor Testimony - Rep. Larry Mumper (R-Marion) January 1, 2004 Bill referred to Senate Agriculture Committee December 11, 2003 Bill introduced in the Senate

HB 350 – (Gibbs, R-Lakeville)

Bill Text LSC Bill Analysis

Enactment Process

Senate May 5, 2004 SENATE FLOOR VOTE - The Senate passed HB 350 by a vote of 20 to 12. May 4, 2004 The Senate Judiciary Committee recommended HB 350 for passage by the full Senate by a vote of 5 to 4. The committee amended HB 350 to include the comprehensive tort reform provisions contained in SB 80 before recommended the bill for passage. April 28, 2004 The Senate Agriculture Committee heard proponent testimony from representatives of the restaurant, hospitality and retail industries. April 21, 2004 The Senate Agriculture Committee heard sponsor testimony from Rep. Bob Gibbs (R-Lakeville). March 18, 2004 Bill re-referred to Senate Agriculture Committee. March 17, 2004 Bill referred to Senate Judiciary Committee. House of Representatives May 26, 2004 The House informally passed HB 350 until Nov. 30, 2004 May 25, 2004 The House informally passed HB 350 to remain on the House floor calendar until it's next session day on May 26, 2004. May 20, 2004 The House informally passed HB 350 to remain on the House floor calendar until it's next session day on May 25, 2004. May 18, 2004 The House informally passed HB 350 to remain on the House floor calendar until it's next session day on May 20, 2004. May 13, 2004 The House informally passed HB 350 to remain on the House floor calendar until it's next session day on May 18, 2004. May 11, 2004 The House informally passed HB 350 to remain on the House floor calendar until it's next session day on May 13, 2004. March 10, 2004 - Testimony Lisa Schacht, Schacht Family Farm & Market Larry Gearhardt, Ohio Farm Bureau Federation The House Civil & Commercial Law Committee accepted an omnibus amendment that included several provisions of SB 80. These provisions include the liability protections for "U-pick" producers and recreational trail landowner provisions. HOUSE FLOOR VOTE - Bill passed House 87-7 February 23, 2004 HB 350 was re-referred to House Civil & Commercial Law Committee. February 11, 2004 House Civil & Commercial Law Committee recommended HB 350 for passage by the full House. February 4, 2004 Richard Mason, executive director of the Ohio Academy of Trial Lawyers submitted written testimony opposing HB 350. January 28, 2004 - Testimony Beth Wymer, Executive Director of the Ohio Wholesale Marketers Association Thomas Withgott , Director of Government Affairs, Ohio Hospitality Coalition Tom Jackson, President and CEO, Ohio Grocers Association January 21, 2004 House Civil & Commercial Law Committee heard sponsor testimony from Rep. Bob Gibbs (R-Lakeville). December 12, 2003 Bill referred to House Civil & Commercial Law Committee. December 09, 2003 Bill introduced in House.