Fattening Food: Should Purveyors of Fast Food be Required to Warn? A Call for a New Tort

Being overweight continues to be an important issue for many Americans. The latest diet fad is likely to include at least one title on the current bestseller list, and newspapers carry daily articles on the most recent study regarding risks related to obesity. Heeding these concerns, the federal government has added its own impetus by requiring the packaged food industry to list, not only nutritional information, but also calories. Individuals alleging injury and seeking recourse have made an attempt to place fault upon purveyors of fast food.

To date, American jurisprudence has not helped. The courts have suggested that, from a products liability perspective, fast food is not defective and writers have concurred.