The Price of a Cheeseburger

I love how the fast food companies are back in the news. Some countries use high fat oils, others use low fat oils. The companies insist that the use of oils is dependent on price, availability and customer preference. So fries in some countries in Europe are healthier than the fries here. No big surprise. And the explanation makes sense too.

But it presupposes another issue. How responsible are fast food companies for their own products?

I remember getting into huge lunch table arguments with other lawyers regarding the passage of the Cheeseburger bill. The bill which says you can't sue McDonalds for making you fat. Makes sense right? Personal responsibility right? Well it doesn't make much sense to me. The courts were already really hostile to those suits. Especially when people claimed they didn't know McDonalds food was bad for you. And maybe I'm just far too cynical, but I wouldn't give a company a license to injure people. I don't know what we are trying to incentivize by protecting them from suits, even in the unlikely event that they do deliberately try to hurt someone.

I think the way it was worked fine. McDonalds over the past several years, along with other fast food companies have been making a concerted effort to serve healthier food. That seems a good solution. That way if you pick a hamburger over a salad, you are the probelm. Clearly there is a difference between that choice and the choice between a bacon double cheeseburger and a double fish-fry sandwich. And with the threat of a suit connecting, the pressure to improve was a constant.

Now that we seem more willing to protect them, they have reverted to arguments about personal preference. I don't think anyone has a personal preference for the ill-health that comes with overeating.

Personal responsibility is a wonderful thing. But it has to be a two way street. Why shouldn't McDonalds be responsible if every item on their menu was horrendous. Why shouldn't city planners be responsible for curtailing the construction of fast food restaurant after fast food restaurant in areas that don't contemplate healthier options. Why shouldn't everyone take just a little responsibility for trying to make everyone else a little healthier?

There are too many communities where the options for supermarkets and dining are too limited. Usually, this occurs in the poorest of communities. And at some point, if you can envision a town or neighborhood with fast-food as the only option, and envision fast-food as an always unhealthy option, you have to wonder what went wrong.