Doctrinal considerations for fast-food obesity suits.

Abstract

Lawsuits brought by obese plaintiffs against fast-food chains have been the subject of some derision in the late-night talk shows and popular press, and have not succeeded so far. But the common law tort theories on which such lawsuits should be grounded are straightforward, unremarkable, and mainstream. This article first offers an overview of obesity-related health problems that can arise from fast-food diets. It then critiques the seminal Pelman v. McDonald's--how it was pleaded and how it should have been pleaded--and offers alternative legal theories under which such lawsuits can be brought in the future.