Obesity in America: Who Takes the Blame?
America’s obesity epidemic began in the later half of the twentieth century. By the year 2000, the adult obesity rate was an astonishing 30.5%. Of course, someone needed to take the blame for this crisis, and the most (seemingly) obvious target was fast-food companies themselves! As a result, there was a small surge of lawsuits against companies like McDonald’s in the early 2000s. Nevertheless, these lawsuits were very controversial and posed a very pressing question: should food companies be held responsible when consumers suffer health consequences from consuming their products? While it is possible that certain companies mislead customers through deceptive advertising or conceal important health facts regarding a product, which is a separate concern, food companies as a whole should not be held liable for their products simply “leading to” obesity.
Yes, it is undeniable that fast food has changed over time. There are, compared to the mid-twentieth century, an incredible amount of choices on the menu, ranging from breakfast foods to specialty drinks. Worse, there is evidence of fast food getting unhealthier: portion sizes have increased and most ingredients are heavily fried/processed. On top of this, fast food today is higher in calories, sodium and fat. However, while the quality of fast-food has declined, it is common knowledge that it is not the best or healthiest source of nutrition and energy. All the details of the product are either on the box, on the menu or can be inquired about: there is lots of transparency in the fast food industry. Consequently, because the destructive nature of fast food is so well known, it is, on a foundational basis, unfair to argue that a company “caused” obesity.
The legal framework surrounding this matter and examining it in detail is Pelman v. McDonald’s Corp (2002). Within it, children argued that McDonald’s had contributed to their obesity. They alleged that McDonald’s had marketed unhealthy food to children (deceptive marketing), misrepresented nutritional value and thus failed to disclose health risks associated with the products. On the other hand, McDonald’s argued that this was all a matter of personal choice: consumers chose what they ate. Furthermore, they said, nutrition information was readily available, meaning that they didn’t “conceal” any nutritional details. Ultimately, after a long eight year history of dismissals and reversals, the case was dismissed in 2010 because, essentially, the district court of New York agreed with McDonald’s. To begin, they used the “open and obvious” doctrine to justify this: considering that the unhealthy nature, nutritional facts and dangers of consuming fast food were “open and obvious”, McDonald’s did not have a duty to warn. The plaintiffs also failed to prove that McDonald’s was the sole cause of their obesity, rather than a mixture of multiple factors such as genetics or lack of exercise. Finally, personal responsibility was cited: there is usually an expectation that individuals will manage their own health and diet. Clearly, McDonald’s was not legally at fault in this matter.
There are many reasons why McDonald’s should not be held liable for obesity. To begin, the value of choice must be highlighted again and again when discussing this case. Consumers can choose what restaurants they go to, what they eat and how much they eat; if they become obese as a consequence of their own personal choices, it is unfair to blame a company. Still, assuming that McDonald's was held liable, to what extent would other corporations also be penalized? Would it become a precedent to punish things like ice-cream shops, candy manufacturers or bakeries for their role in causing obesity? Clearly, at a larger scale, this case is impractical simply because it would be difficult to establish a legal limit of what is eligible for punishment and what’s not. Next, the plaintiffs’ claim itself must be reviewed: they alleged that McDonald’s led to obesity. Interestingly, obesity is generally not caused by one individual factor but rather an accumulation of many factors. For example, obesity in one could be a result of genetics and unhealthy eating habits whereas for someone else it may be due to medical reasons or a lack of exercise. Knowing the variability of the causes of obesity, how can it be said that one company caused it? It becomes evident that McDonald’s was not, realistically, the “cause” of anyone’s obesity.
At the same time, arguments that McDonald’s did cause obesity in children must be examined.While some allege that McDonald’s engaged in deceptive marketing by advertising directly to children through toys, cartoon mascots and misleading health claims, this claim is much less persuasive. Indeed, children cannot evaluate advertising and make strong decisions like adults can. When this is the case, the matter becomes more complicated. Generally, however, a company cannot be the sole cause of obesity simply because they “mislead” a child; other questions arise at this claim, such as the role of the guardian in the child’s life. Others have accused big food companies of having information that consumers simply don’t have access to, such as food engineering and nutritional science. Regardless, there are many federal regulations already in place that ensure consumers have what they need to make smart decisions, including (but not limited to) nutritional labels and calorie counts on most menus. The knowledge consumers are not provided with is a very different question altogether.
Ultimately, it becomes clear that food companies such as McDonald’s should not be held liable for someone’s obesity. Proving legal causation is almost impossible and individuals do, ideally, hold responsibility for their dietary choices. Consumers are also given all that they need to evaluate whether or not food is healthy for them (or if it fits their health goals)... past that, it is, again, a matter of choice. Of course, if it is a matter of deceptive marketing or misrepresenting the qualities of a product, the case must be reevaluated and becomes a separate ordeal. A balanced legal approach must be taken to ensure that only a company that is truly at fault is punished as such.
Bibliography
Prevalence and trends in obesity among US adults, 1999-2000 - pubmed. Accessed July 26, 2026. https://pubmed.ncbi.nlm.nih.gov/12365955/.
“Pelman v. McDonald’s Corp., 237 F. Supp. 2d 512 (S.D.N.Y. 2003) :: Justia.” Justia. Accessed July 26, 2026. https://law.justia.com/cases/federal/district-courts/FSupp2/237/512/2462869/.