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Food Industry Liability Shield Laws: Counter-Arguments Below are ...

Source: www.phaionline.org
Topic: Food Industry

Sort Desciption: Argument: “We need to protect our industry from abusive, frivolous lawsuits and prevent. the food industry from being held responsible for the complex issue ...

Content Inside: Food Industry Liability Shield Laws: Counter-Arguments Below are the National Restaurant Association’s “Talking Points,” 1 with some suggested counter-arguments: Argument: “Frivolous lawsuits blaming the restaurant industry for obesity in America deny the role that personal responsibility plays in the dietary choices that individuals make on a daily basis.” Response: Keeping litigation available doesn’t deny the role of individual dietary choice; it merely represents one potential tool to address the problem. Argument: “Healthy eating should be promoted by knowledge, not lawsuits.” Response: Then the restaurant industry should not object to nutrition labeling in large chains. Why are companies withholding information from consumers? Argument: “With restaurant profit margins averaging around four percent, a single frivolous lawsuit is enough to put a small restaurant out of business.” Response: There is no way to substantiate this claim. Anyway, small restaurants are an unlikely target of a lawsuit. This is just another “little guy” scare tactic. Argument: “We need to protect our industry from abusive, frivolous lawsuits and prevent the food industry from being held responsible for the complex issue of obesity. All foods can be part of a healthy lifestyle” Response: The food industry is correct that the problem is complex. But the complexity of the issue shouldn’t be an excuse to not act at all, but rather is the very reason that we need to maintain the availability of a wide array of policy solutions. And it’s certainly no reason to preclude the American right to access the court system. This is simply faulty and self-serving reasoning. The statement, “all foods can be part of a healthy lifestyle” is simply a distraction from the core issue of depriving people of their right to sue. Argument: “It is unfortunate, but necessary, to have legislation enacted that will help deter unscrupulous attorneys from filing abu ...

arguments for shield laws

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