Fattening Foods: Under Products Liability Litigation is the Big Mac Defective?

There is no question that Americans are growing more and more concerned about their weight. Many commentators have speculated that the central cause of the issue is the American lifestyle. The fact remains, however, that regardless of who sells fattening food, to many people it has a certain allure over food which is bland. As of December 2004, there was only one case where plaintiffs sought to recover damages for obesity allegedly caused by fast food consumption. The trial judge in that case dismissed the lawsuit before the discovery phase could begin, and the suit was later revived at the appellate level. lR So the question remains: can fattening food be considered defective under products liability law? In other words, if we use McDonald's Big Mac as a symbol for fast food consumption, can we hold it liable for America's problem with obesity