Liability of Restaurants for Obesity

Liability of Restaurants for Obesity

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Liability of Restaurants for Obesity

Introduction

Obesity is the state of increased body weight caused by accumulation of adipose tissue to an extent, which leads to adverse effects on an individual’s health. The causes of obesity are complex but relate to changes in diet, physical activity, emotions and habits. Increased consumption of fatty food is one of the societal changes in diet that have led to obesity in the United States of America. Measurement of fat accumulation that leads to obesity is by calculating the body mass index, which is an expression of weight in relation to height (Kumar et al, 2013). There is more than just a bulging waistline because of obesity. There are several health risks associated with obesity including type 2 diabetes, hypertension, coronary heart disease, asthma and sleep apnea. These medical conditions also have long-term consequences and lead to increased morbidity and mortality due to obesity. In addition, reduces the quality of life as it makes it difficult for an individual to undertake normal daily activity (Wolin et al, 2009).

Obesity has reached epidemic levels in the United States of America. It is currently prevalent among individuals of all ages, race and gender. Statistics from the Center for Disease Control and prevention (CDC) and the Journal of American Medical Association (JAMA) show that more than a third (34.9% or 78.6 million) of American adults and 17% of youth are battling obesity (Ogden et al, 2014). Despite there being several factors that predispose to obesity, fast food restaurants are often the first to get the heat and blame for obesity causation. The purpose of this research paper is to explore the role of various risk factors in predisposing an individual to obesity, the role of various parties in the fight against obesity and to outline why restaurants should not be held liable for obesity.

Thesis

Consumption of fast foods, especially those deep-fried in oil is associated with obesity and other comorbidities. Restaurants, especially those that deal in fast foods, are the major source of food for the population in the urban areas of the United States of America. Regardless of this, every American has the freedom to choose what to eat. They have the moral obligation to eat healthy foods if they do not want to get obese. They can avoid these deep-fried foods if they chose to. Therefore, restaurants should not be held liable for obesity.

The role of these restaurants in obesity causation is similar to the blame put on tobacco industries for the causation of deaths through cigarette smoking. Fast food restaurants have been in the receiving end of the war against obesity for a while now. Parents of obese children, claiming that the fast food restaurant is responsible for their children’s obesity, have sued restaurants such as McDonalds (Romero, 2004). The sale of fatty fast food, the availability of fast food restaurants within short distances from residential and densely populated urban areas, and the provision of food delivery services has led the society to believe that these fast food restaurants are liable for their being obese (Currie et al, 2009). The very attractive advertising of fast food in the media has also contributed to this blame. Despite all these, (Currie et al, 2009) argue that evidence linking fast food to obesity is not strong.

A myriad of factors determine an individual’s body weight. These factors may be genetic, metabolic, environmental, behavioral, socioeconomic or cultural. Among these, several factors contribute to obesity, and fast food restaurants should therefore not act as the scapegoat. The individual has the biggest role to play in getting obese. Genetic predisposition puts an individual at risk for obesity due to the inheritance genes responsible for energy regulation and balance in the body. Unhealthy eating of food with high levels of saturated trans-fats, salt and sugar, physical inactivity, there should be a balance between consumption of food high in calories is another major factor that predisposes to obesity (Hartwig et al, 2005).

There should be consumption of healthy foods in equal or higher proportions than unhealthy food, in order to create balance and maintain a healthy lifestyle. Physical inactivity is another major contributing factor for obesity. Individuals who eat unhealthy food and do not engage in any form of physical activity are at a higher risk for obesity as compared to other people. Sedentary lifestyle is also a form of physical inactivity, which is common among individuals of all age groups. This sedentary lifestyle includes watching television and playing video games for long hours daily (Hartwig et al, 2005).

Policy makers and the health sector also have a big role to play in putting obesity in check. Making of Laws to regulate the processing and sale of fast foods by fast food restaurants is one of the ways to implement this. Lawmakers can propose laws to require restaurants to display the caloric content of all foods that they sell. Laws to govern the advertising of fast foods in the mass media should be proposed and passed. These laws should require the fast food restaurants to include a warning that the excessive consumption of fatty fast foods are detrimental to one’s health. Restaurants that sell fast foods should be required to take part in corporate social responsibility aimed at educating the public and encouraging consumers of fast foods to take part in physical activity (Salinsky et al, 2003)

The public sector should also promote the setting up of restaurants, which deal in healthy foods as opposed to expansion of restaurant chains that sell fast foods. Availability of alternative restaurants, which sell healthy foods and are at a convenient location such as residential areas or densely populated areas in urban centers, promote the purchasing and consumption of healthier foods by members of the public. Private investors should therefore be encouraged to set up restaurants that sell healthy foods to satisfy the local demand for these establishments (Hartwig et al, 2005). The health sector also has a big task in the fight against obesity. The health services department should regulate the production of fatty foods by restaurants by ensuring that the amount of fat in the food, the salt and sugar content in food is well stated and that fast food restaurants comply (Currie et al, 2009). Installation of Strict punitive measures for restaurants that fail to abide by these laws will ensure compliance.

Banning of the sale of food with excess calories to school going children and teenagers is another way to prevent obesity among children and teenagers. The requirement for schools to sell healthy foods, and restricting the setting up of fast food restaurants near schools would be an excellent way to prevent early onset obesity (Ogden et al, 2014). The public health sector can also launch and carry out campaigns aimed at educating the public on the factors that predispose to obesity and how to stay healthy. This way, there is good dissemination of information to the public concerning the dangers of consumption of fatty foods. The public health sector can also advocate for the consumption of healthier foods for a healthy and obesity-free generation. Schools should teach pupils and students on benefits of healthy eating and physical activity. (Currie et al, 2009).

The role of restaurants in the fight against obesity cannot be understated. Restaurants can minimize the chances of American citizens being obese, and can promote the achievement of a healthier nation. Restaurants should adhere to the laws put down by lawmakers to govern food processing, advertising and sale. These restaurants should also display caloric content of food they sell on every wrapping or package. Advertisements of fast foods should also include a warning about the detrimental effects of excessive consumption of food high in calories to one’s health (Lusk et al, 2013).

Restaurant owners should also consider selling healthy foods alongside the fast foods so that the consumers have a wide variety from which to choose. The role of restaurants in minimizing obesity through taking part in corporate social responsibility where they encourage their consumers to be physically active through means such as provision of gymnasiums where the citizens can exercise free or at a subsidized rate. These fast food restaurants can also support campaigns set up to teach the public about the harmful effects of fast foods and the importance of physical activity in preventing obesity (Salinsky et al, 2003)

Legal action against restaurants with the allegations of selling fast food and contributing to obesity is unfair to the owners of these restaurants and this decision is inappropriate. Obesity, as stated above has several causative factors, apart from fatty fast foods sold by restaurants. If the public sector and the health sector, work together to keep obesity in check by performing their duties in the fight against obesity, the prevalence and incidence of obesity can go down and a healthy nation can be achieved (Salinsky et al, 2003). From the above argument, it is evident that a combination of various factors, which are subject to control by the individual, contribute to obesity. Every individual has the moral obligation to decide which food is not suitable, or unhealthy, and decide whether to eat it or not. This means that an individual is able to prevent obesity by avoiding regular consumption of fatty foods, or taking part in physical activity alongside their indulgence in fatty foods. This decision, the restaurant has nothing to do with and is therefore free of blame (Lusk et al, 2013).

Parents and guardians are responsible for guiding their children on what food to eat and in regulation of the physical activity in which the child takes part. Obese children should therefore not blame fast food restaurants but should first consider the role played by their parents and guardians in their being obese. Legal action should instead, be taken against restaurant owners who fail to comply with required regulations governing processing, advertising and sale of fast foods as put in place by policy makers and the department of health services (Ogden et al, 2014).

In conclusion, it is evident that obesity is big problem in the United States of America. The legal approach taken to sue fast food restaurants for causing obesity however appears to be the wrong way to go. It is clear that apart from consumption of fatty fast foods from restaurants, there is a myriad of several other factors, which predispose an individual to being obese. The reasons why restaurants have received the greatest blame in the causation of obesity is well explored. There is a clear description of the role of various parties including the public sector, the department of health services and specifically the public health sector, schools and restaurant owners in the fight against obesity. It is also evident that restaurants should not be held liable for obesity because every individual has the freedom to choose what to eat and the moral obligation to decide to stay away from consumption of unhealthy fatty fast foods.

References

Currie J, DellaVigna S, Moretti E, Pathania V (2009) The Effect of Fast Food Restaurants on Obesity and Weight Gain: National Bureau of Economic Research Working Paper No. 14721 JEL No. I1, I18, J0

Hartwig R.P, Wilkinson C. (2005) Obesity, Liability & Insurance: Insurance Information Institute

Kumar V, Abbas A.K, Aster J.C (2013) Robbins basic pathology: Elsevier Saunders.

Lusk J.L, Ellison B (2013) who is to Blame for the Rise in Obesity? : Appetite Vol 68, No.14

Ogden C.L, Carrol M.D, Kit B.K, Flegal K.M (2014) Prevalence of Childhood and Adult Obesity in the United States: Journal of American Medical Association (JAMA) Vol 311, No.8 pages 806-814.

Romero S.J (2004) Obesity Liability: A Super-sized Problem or a Small Fry in the Inevitable Development of Product Liability? Chapman Law Review Spring 2004

Salinsky E, Scott W, (2003) Obesity in America: A Growing Threat: National Health Policy Forum Background Paper

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