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2005 Ron Paul Chapter 105
Not linked on Ron Paul’s Congressional website.
Congressional Record [.PDF]
Personal Responsibility In Food Consumption Act
19 October 2005
2005 Ron Paul 105:1
Mr. PAUL. Mr. Chairman, Congress is once again using abusive litigation at the State level
as a justification nationalizing tort law. In this
case, the Personal Responsibility in Food
Consumption Act (H.R. 554) usurps State jurisdiction
over lawsuits related to obesity
against food manufacturers.
2005 Ron Paul 105:2
Of course, I share the outrage at the obesity lawsuits. The idea that a fast food restaurant
should be held legally liable because some of
its customers over indulged in the restaurant’s
products, and thus are suffering from obesity-
related health problems, is the latest blow to
the ethos of personal responsibility that is fundamental
in a free society. After all, McDonalds
does not force anyone to eat at its restaurants.
Whether to make Big Macs or salads
the staple of one’s diet is totally up to the individual.
Furthermore, it is common knowledge
that a diet centering on super-sized cheeseburgers,
French fries, and sugar-filled colas is
not healthy. Therefore, there is no rational
basis for these suits. Some proponents of lawsuits
claim that the fast food industry is “preying”
on children. But isn’t making sure that
children limit their consumption of fast foods
the responsibility of parents, not trial lawyers?
Will trial lawyers next try to blame the manufacturers
of cars that go above 65 miles per
hour for speeding tickets?
2005 Ron Paul 105:3
Congress bears some responsibility for the decline of personal responsibility that led to
the obesity lawsuits. After all, Congress created
the welfare state that popularized the notion
that people should not bear the costs of
their mistakes. Thanks to the welfare state,
too many Americans believe they are entitled
to pass the costs of their mistakes on to a
third party — such as the taxpayers or a corporation
with “deep pockets.”
2005 Ron Paul 105:4
While I oppose the idea of holding food manufacturers responsible for their customers’
misuse of their products, I cannot support addressing
this problem by nationalizing tort law.
It is long past time for Congress to recognize
that not every problem requires a Federal solution.
This country’s founders recognized the
genius of separating power among Federal,
State, and local governments as a means to
maximize individual liberty and make government
most responsive to those persons who
might most responsibly influence it. This separation
of powers strictly limits the role of the
Federal Government in dealing with civil liability
matters; and reserves jurisdiction over matters
of civil tort, such as food related negligence
suits, to the State legislatures.
2005 Ron Paul 105:5
Finally, Mr. Chairman, I would remind the food industry that using unconstitutional Federal
powers to restrict State lawsuits makes it
more likely those same powers will be used to
impose additional Federal control over the
food industry. Despite these lawsuits, the
number one threat to business remains a Federal
government freed of its Constitutional restraints.
After all, the Federal government imposes
numerous taxes and regulations on the
food industry, often using the same phony
“pro-consumer” justifications used by the trial
lawyers. Furthermore, while small business,
such as fast-food franchises, can move to another
State to escape flawed State tax, regulatory,
or legal policies, they cannot as easily
escape destructive Federal regulations. Unconstitutional
expansions of Federal power, no
matter how just the cause may seem, are not
in the interests of the food industry or of lovers
of liberty.
2005 Ron Paul 105:6
In conclusion, while share the concern over the lawsuits against the food industry that inspired
H.R. 554, this bill continues the disturbing
trend of federalizing tort law. Enhancing
the power of the Federal government is in
no way in the long-term interests of defenders
of the free market and Constitutional liberties.
Therefore, I must oppose this bill.
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