Abstract

http://ssrn.com/abstract=2329843
 


 



Beyond Cheeseburgers: The Impact of Commonsense Consumption Acts on Future Obesity-Related Lawsuits


Cara L. Wilking


Public Health Advocacy Institute

Richard A. Daynard


Northeastern University - School of Law

August 1, 2013

Food and Drug Law Journal, Vol. 68, No. 3, pp. 229 -329, 2013
Northeastern University School of Law Research Paper No. 155-2013

Abstract:     
Since 2004, 25 states have passed Commonsense Consumption Acts (CCAs) to shield the food industry from civil liability for claims arising from obesity-related health harms. These laws continue to be introduced. CCAs have generally been discussed in terms of “tort reform.” For this article, we conducted a systematic analysis of the content of all 25 state laws and found that the potential impact of CCAs goes well beyond obesity-related tort reform to limits on state Attorney General (AGs) authority and significant reforms to future statutory consumer protection claims by AGs, individuals and classes of consumers. Moreover, every CCA state had pre-existing legal protections against frivolous litigation- greatly undercutting arguments made by CCA proponents.

Accepted Paper Series


Not Available For Download

Date posted: September 24, 2013  

Suggested Citation

Wilking, Cara L. and Daynard, Richard A., Beyond Cheeseburgers: The Impact of Commonsense Consumption Acts on Future Obesity-Related Lawsuits (August 1, 2013). Food and Drug Law Journal, Vol. 68, No. 3, pp. 229 -329, 2013; Northeastern University School of Law Research Paper No. 155-2013. Available at SSRN: http://ssrn.com/abstract=2329843

Contact Information

Cara L. Wilking (Contact Author)
Public Health Advocacy Institute ( email )
Boston, MA
Richard A. Daynard
Northeastern University - School of Law ( email )
400 Huntington Ave.
Boston, MA 02115
United States
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