Congressman Wants to Shield Food Industry from Lawsuits

June 20, 2003

Rep. Keller with House Majority Leader Dennis Hastert

U.S. Rep. Ric Keller, R-Fla., doesn't think restaurants and food manufacturers should be held liable for consumers' health problems, even if their products are the cause of those problems. He's introducing legislation in Congress that would block consumers from going to court when they're harmed by food products

Keller is portraying his bill as protecting restaurants against lawsuits that blame Big Macs and french fries for obesity and diabetes. But consumer advocates noted that the legislation would also block many other types of lawsuits and suggested that Keller's fervor may be motivated by the interests of some of his corporate constitutents.

Darden Restaurants Inc., the nation's largest casual dining restaurant company, is headquartered in Keller's district. The company owns the Red Lobster and Olive Garden chains. During the 2002 election cycle, food and beverage companies contributed $33,750 to the second-term congressman's re-election campaign and food processing and sales companies gave Keller $18,000, according to the Center for Responsive Politics in Washington.

Keller, who stands 5'8" and weighs in at 210, says it's "common sense" that too many shakes, burgers and fries can lead to heart disease, diabetes and other problems.

The Center for Science in the Public Interest called Keller's bill "frivolous."

"Representative Keller simply wants to preemptively take an entire industry off the hook, and make restaurants and food companies a special, protected class -— immune from the scrutiny of judges or juries," said CSPI executive director Michael F. Jacobson.

Keller's bill would bar any civil lawsuit unless the company at issue is not in compliance with a specific law or regulation. Consumer advocates argue that no regulatory agency could possibly foresee every instance of injurious behavior.

“It’s ironic to see so-called conservatives so eager to wield the power of big government. But it’s entirely predictable for them to do so to protect big business,” said Jacobson. “This bill has nothing to do with encouraging personal responsibility, and everything to do with encouraging corporate irresponsibility.”

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