May 13, 2004

MI Restaurant Association Testifies on Frivolous Obesity Lawsuits

The Michigan Restaurant Association testified today before the House Commerce Committee in support of House Bill 5809, introduced by David Palsrok (R-Manistee), which emphasizes personal responsibility and would stop people from suing Michigan’s restaurant and foodservice industry because of their weight gain or other obesity-related health issues.   The committee approved HB 5809 this morning, and it now goes to the full House.   “We need this legislation to help protect more than 300,000 jobs in this state and more than 20,000 business owners from people who file frivolous lawsuits, falsely claiming that our industry is somehow responsible for their personal weight gain,” said Andy Deloney, public affairs director for the MRA. While MRA President Jeff Tuma was unable to testify before the committee, he echoed the same concerns.  Tuma owns the Embers in Mount Pleasant, a fine dining restaurant and family business that was started by his father in the late 1950s.   “It might sound like an unbelievable concept to the average person, but the idea that someone could sue a restaurant saying that we caused their obesity problem is very real to us,” said MRA President Jeff Tuma. “If we don’t act now, frivolous obesity lawsuits could devastate our industry.  A frivolous lawsuit – just the cost of fighting one – could put my restaurant – or any of the more than 20,000 restaurants in this state out of business.”   According to a July 2003 Gallop Poll, 89 percent of Americans believe the food industry should not be blamed for the health problems of individuals related to obesity.    The MRA also cited the fact that even with restaurants continuing to grow in popularity and variety, 76 percent of all meals are eaten in the home.  Similar legislation has been introduced in the legislatures of 25 other states and has been signed into law in seven states – Arizona, Idaho, Louisiana, South Dakota, Tennessee, Utah and Washington.  Bills are awaiting signature by the governors of Florida, Illinois and Colorado.