Quite recently a commentary was published in the Journal of the American Medical Association (JAMA) giving a legal perspective on the obesity epidemic. The title of the commentary was: Law as a Tool to Facilitate Healthier Lifestyles and Prevent Obesity
[1] written by a member of the O’Neill Institute for National and Global Health Law, Georgetown University Law Center.
According to the author the obesity epidemic has resulted in obesity-attributable medical expenditures in 2003 to the tune of $75 billion just in the United States.
[2] He goes on to discuss how the cost is at least 50% paid by general taxpayers through increased payments to Medicare and Medicaid with employers picking up the rest. That burden on taxpayers, as outlined in the commentary, should potentially shift from society to those individuals with obesity and obesity-related health issues. In short, for those individuals living a lifestyle of reckless food consumption, the state and federal government should not be made to pick up the tab for obesity related disease.
The pithy proposal of this commentary asks the question: What can the law do to prevent the obesity epidemic? The author then went on to present 8 potential areas where he felt the law might have an impact. I’ll present all eight with some commentary of my own.
1.
Disclosure: As with cigarettes, a warning on a pack of donuts would inform and assist in allowing the consumer to understand that food can be dangerous to your health (not exactly as the author presented it). My opinion: put a warning on everything; the air in Los Angeles, the water in the Chesapeake, the dirt in Hanford, the sun in Hawaii and the conversation at Georgetown University. Please, please . . . no more warning labels.
2.
Tort Liability: Again, as with big tobacco, sue the food industry. The food industry has inadequately prepared us for the culinary delights of the new millennium. Informed consent should accompany every order of French fries at Burger Central. As the author noted, many states prevent this kind of litigation with commonsense laws. Commonsense . . . how you do that?
3.
Surveillance: This is where the ghost of George Orwell takes note. I have no idea what the author was alluding to with the inclusion of surveillance, but maybe a new government agency is needed: The Central Obesity Agency. Instead of the CIA we call it the COA. Let’s keep track of who’s getting fat and intervene with agents from the COA. "Sir, you've reached critical mass, and you'll have to come with me." What does surveillance have to do with the law anyway? Ask the Watergate conspirators.
4.
Targeting Children and Adolescents: Targeted advertising by the food industry directed toward children and adolescents has at a minimum become part of the equation relating the environment to childhood obesity. Important in that exposure is the relationship between intake of specific foods and advertising. Regulation of advertising content directed at children is the upshot of this approach. I’m trying to imagine how that would play out in modern-day America? Replace the Trix rabbit with the attorney general? Replace Ronald McDonald with the Surgeon General? How about this: Parents, don’t let your kids buy all that junk we all see advertised. And that didn’t even require a law.
5.
Taxation: This is by far my favorite. Impose a tax on unhealthy and calorie dense foods. As the theory goes, tax the heck out of certain foods and everyone will quit eating them. Call it the “Twinkie tax” for lack of a better term. First of all, who would determine which foods are healthy and which are unhealthy? I can only imagine the lobbying effort for that one. And governments given tax dollars have a tendency to blend all those dollars together (as opposed to setting the money aside for obesity related disease). Broccoli is healthy; but broccoli with béarnaise sauce might be considered unhealthy. I’m so confused!
6.
School and Workplace Policies: On this issue I side with the author. Admittedly, most public schools have not been able to offer what anyone would consider a healthy lunch. And with vending machines making up for the lack of choice at most schools, many kids are munching on chips and cola and calling it lunch. I have no advice to give other than schools need to take this issue seriously.
7.
Zoning: The government needs to step in and zone, cities and living regions appropriately such that parks, walking paths and bike paths are given a priority. As with issue #6, I couldn’t agree more.
8.
Food Prohibitions: The prohibition against trans fat has occurred because of suspected associations between significant intake (5% of total calories or more) and cardiovascular disease. What that has to do with obesity is beyond me. Prohibiting foods that are known to lead to obesity might have been another argument in this vein. Placing restrictions on cakes, candies, chips, fried foods, frostings, ice cream . . . the list is endless.
In the final analysis, the commentator brought up two good points, those being #6 and #7 above. The rest appears to be health policy gone awry.
[1] Lawrence O. Gostin, JD, JAMA Jan. 3, 2007 297;1: 87-90
[2] Finkelstein EA, Fiebelkorn IC, Wang G. State-Level estimates of annual medical expenditures attributable to obesity. Obesity Research 2004;12:18-24