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The Risk to the American Fast-Food Industry of Obesity Litigation

Department of Hotel Management at the William F. Harrah College of Hotel Administration at the University of Nevada, Las Vegas, william.werner{at}unlv.edu

Andrew Hale Feinstein

Department of Food and Beverage Management, andyf{at}unlv.edu

Christian E. Hardigree

Department of Hotel Management, christian.hardigree{at}unlv.edu

This article examines the problem of obesity in the United States, the role fast food is believed to play in obesity, and the prospects of legal claims against quick-service operations for obesity-related damages. Our literature and case review analyzes the potential validity of obesity-related claims under existing and novel legal theories of liability. The status of legislative proposals to ban obesity lawsuits is discussed and several recommendations are offered to protect quick-service owners and operators from the potential risk of obesity litigation. The article concludes that damages for obesity and obesity-related illnesses may be awarded against fast-food companies under existing liability law, but that such cases are unlikely to succeed and can be efficiently avoided.

Key Words: obesity litigation • quick-service restaurants • law • product liability

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