Quantcast
Health

Lawyers Devise 'Big Food' Takedown Saying Industry Should Pay for Soaring Obesity Costs

Lawyers have contacted state attorneys general in 16 states to pitch a radical idea: force the food industry to pay for out-of-control, obesity-related health care costs that have contributed to America's Medicaid spending woes.

It’s a move reminiscent of 1998's Big Tobacco takedown, which ended in a $246 billion settlement with 46 states, a ban on cigarette marketing to children and unprecedented regulation from the Food and Drug Administration, according to Politico

"No fair-minded, informed and honest observer would contend that food manufacturers bear absolutely zero responsibility for the problem of obesity." Photo credit: Beth Hoffman

Despite some skepticism, several nutrition and legal experts think a similar strategy could be applied against "big food"—especially as obesity-related diseases have lapped smoking as a major contributor to health care costs.

“I believe that this is the most promising strategy to lighten the economic burden of obesity on states and taxpayers and to negotiate broader public health policy objectives,” said Politico source Paul McDonald, a partner at Valorem Law Group in Chicago, who is leading the charge.

McDonald also wrote a Politico Pro opinion piece, published on Feb. 23, to further clarify the aim of his legal initiative that could help states close budget gaps as billions in Medicaid expenditures devour respective shares of tax revenue.

He writes:

"No fair-minded, informed and honest observer would contend that food manufacturers bear absolutely zero responsibility for the problem of obesity. In fact, the food industry’s own health-related product modifications are an acknowledgment of some responsibility. I believe that whatever level of responsibility that some food manufacturers bear—supported by evidence, and taking into account personal responsibility—is their fair share of reimbursement owed to states obligated to treat obesity-related illnesses under Medicaid. That percentage may be on the lower end, e.g., 25 percent, or the higher end, e.g., 75 percent. It is not zero. 

But while food manufacturers bear some responsibility, taxpayers are currently bearing 100 percent of the costs, paid for by higher state taxes, reduced state services or both. Tens of billions, and growing. I don’t believe that is sustainable, or fair."

Proposals, tailored to specific budget situations in California, Connecticut, Delaware, Iowa, Kentucky, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, Nevada, North Carolina, Mississippi, Oregon and Pennsylvania were sent to respective attorneys-general by McDonald; however, no state law official has agreed to file a lawsuit against big food.

“Regulation through litigation is not an effective or appropriate mechanism for policymaking,” said Ginny Smith Clemenko, senior director of communications at the Grocery Manufacturers Association, one of he food industry’s most powerful lobbying groups, to Politico. “Proponents of bans, taxes and lawsuits as a means to curb obesity don’t truly understand the nature of the problem and lack the collaborative vision shared by first lady Michelle Obama and the vast majority of stakeholders who are working passionately to solve it.”

Over the last decade, food and beverage companies have introduced 20,000 healthier products, voluntarily removed full-calorie drinks from schools and adopted self-regulatory standards for marketing to kids, said Smith Clemenko.

McDonald’s law firm has teamed up with leading obesity and diabetes researchers, including Barry Popkin at the University of North Carolina Chapel Hill, Robert Lustig at the University of California San Francisco and economist Frank Chaloupka at the University of Illinois at Chicago, to help deliver a winning legal strategy.

Lustig, a pediatric endocrinologist, is known for “Sugar: The Bitter Truth,” which went viral and attracted more than 4 million views. He thinks litigation should focus on diabetes since diseases related to obesity are most expensive.

Additional research has also linked added sugars to cardiovascular disease.

From spaghetti sauce to Wheat Thins, about 75 percent of all the packaged foods in U.S. supermarkets contain added sugars.

Another concern is that costs will only compound over time due to the alarmingly high obesity rate of children.

According to the Centers for Disease Control and Prevention:

  • Childhood obesity has more than doubled in children and tripled in adolescents in the past 30 years.
  • The percentage of children aged 6–11 years in the U.S, who were obese increased from 7 percent in 1980 to nearly 18 percent in 2010. Similarly, the percentage of adolescents aged 12–19 years who were obese increased from 5 percent to 18 percent over the same period.
  • In 2010, more than one third of children and adolescents were overweight or obese.
  • Overweight and obesity are the result of “caloric imbalance”—too few calories expended for the amount of calories consumed—and are affected by various genetic, behavioral and environmental factors.

McDonald closes his letter by writing any money gained from a potential lawsuit would go to the state covering the high Medicaid bills, not individuals affected by obesity who would be included under a consumer class-action lawsuit. 

Visit EcoWatch’s FOOD and HEALTH pages for more related news on this topic.

Show Comments ()
Sponsored

Strange Days: Ex-Hurricane Ophelia Batters Ireland Under Orange Skies

By Dr. Jeff Masters and Bob Henson

Ex-Hurricane Ophelia hit Ireland hard with full hurricane-like fury on Monday, bringing powerful winds that caused widespread damage and power outages. At least two deaths have been reported from trees falling on cars, and The Irish Times said at least 360,000 ESB Networks customers lost power in Ireland because of the storm.

Keep reading... Show less
Runoff from a farm field in Iowa during a rain storm. Lynn Betts / U.S. Department of Agriculture, Natural Resources Conservation Service

Drinking Water for Millions in Rural America Contaminated With Suspected Carcinogen

Drinking water supplies for millions of Americans in farm country are contaminated with a suspected cancer-causing chemical from fertilizer, according to a new report by the Environmental Working Group.

The contaminant is nitrate, which gets into drinking water sources when chemical fertilizer or manure runs off poorly protected farm fields. Nitrate contaminates drinking water for more than 15 million people in 49 states, but the highest levels are found in small towns surrounded by row-crop agriculture. Major farm states where the most people are at risk include California, Iowa, Illinois, Wisconsin and Kansas.

Keep reading... Show less
www.youtube.com

Trump's Approval Rating on Hurricane Response Sinks 20 Points After Puerto Rico

President Trump's approval rating for overseeing the federal government's response to hurricanes fell by 20 points after Hurricane Maria devastated Puerto Rico, a CNN poll conducted by SSRS revealed.

Trump's approval rating for responding to hurricanes Harvey and Irma stood at 64 percent in mid-September. Just a month later, only 44 percent approve.

Keep reading... Show less
Photo taken by Hélio Madeiras, a firefighter in Portugal. Facebook

Wildfires Rage Through Portugal and Spain, Kill at Least 39

Wildfires have killed at least 39 people in Spain and Portugal since Sunday.

Hundreds of fires in both countries are being fanned by winds from Hurricane Ophelia in the north, currently barreling towards Ireland, and encouraged by extremely dry terrain from a scorching hot summer in the region.

Keep reading... Show less
Sponsored
Desperate for water, Puerto Ricans are resorting to any available sources, such as this stream in Cayey. Angel Valentin / NPR

Desperate Puerto Ricans Are Drinking Water From Hazardous Waste Sites

The ranking Democrat on the House Homeland Security Committee called for an investigation into the availability of potable water in Puerto Rico following reports Friday that residents are scrounging for water from hazardous waste sites.

After the U.S. Environmental Protection Agency (EPA) confirmed residents were trying to access water from three Superfund sites, and following a CNN story Friday featuring Puerto Ricans taking water from a fourth site, Rep. Bennie Thompson (D-MS) wrote a letter to acting DHS Secretary Elaine Duke asking if she knew about the situation and calling the reports "beyond disturbing."

Keep reading... Show less
Brant at Izembek Lagoon. Kristine Sowl / USFWS

Groups Slam Zinke's 'Backroom Deals' to Build Road Through Alaskan Wildlife Refuge

Ryan Zinke's Interior Department is working behind the scenes to build a controversial and long-contested road through the heart of Alaska's Izembek National Wildlife Refuge, documents show.

The refuge was established more than 30 years ago to conserve wetlands and habitats for migrating birds, brown bears and salmon and other wildlife. 300,000 of its 315,000 acres has been designated as Wilderness in 1980 under the Alaska National Interest Lands Conservation Act.

Keep reading... Show less
Sponsored
FAO / Giulio Piscitelli

On World Food Day, Pope Francis Says Link Between Climate Change and Hunger Is Undeniable

By Andrew McMaster

Speaking at the United Nations Food and Agriculture Organization (FAO) on World Food Day, Pope Francis addressed the need for governments around the world to acknowledge that climate change and migration were leading to increases in world hunger.

Francis received a standing ovation after a stirring speech in which he said all three issues were interrelated and require immediate attention.

Keep reading... Show less
The pallid bat is native to the western U.S., where the spread of white-nose syndrome is a threat. Ivan Kuzmin / Shutterstock

Why Are America's Bats Disappearing?

By John R. Platt

It's Friday evening in Pittsburgh, and the mosquitoes are out in force. One bites at my arm and I try to slap it away. Another takes the opportunity to land on my neck. I manage to shoo this one off before it tastes blood.

I'm at Carrie Furnaces, a massive historic ironworks on the banks of Pennsylvania's Monongahela River. Stories-tall rusting structures loom all around me, as do the occasional trees poking their way out of the ground. A tour guide, leading a group from the Society of Environmental Journalists conference, tells me the soil here is full of heavy metals and other pollutants from the factory, which operated for nearly a century before closing in 1982.

Keep reading... Show less
Sponsored

mail-copy

Get EcoWatch in your inbox