Fast-food shield bill gets panel’s OK

Friday, April 15, 2005 | 11:14 a.m.

CARSON CITY -- The Senate Judiciary Committee this morning voted 4-3 to approve a bill that will shield fast food and other restaurants from lawsuits filed by people who blame their obesity and weight gain on these businesses.

Senate Bill 313, introduced by Sen. Dennis Nolan, R-Las Vegas, would grant immunity to such lawsuits for any person or governmental entity that manufactured, sold or marketed food.

Committee Chairman Sen. Mark Amodei, R-Carson City, said he would offer an amendment on the floor of the Senate to require fast food restaurants to post nutritional information at their businesses.

He said these restaurants have been "pro-active" in changing their menues and listing the nutritional values.

Nolan said people who are obese or gain too much weight have only themselves to blame. Such individuals "overeat time and time again," Nolan said.

This legislation is necessary, he said, because lawsuits would have a ripple effect on busines and result in huge legal bills.

But Sen. Terry Care, D-Las Vegas, on Thursday, called the bill "a frivolous piece of legislation." Care, a lawyer, said there have been five suits filed nationally and they have all been dismissed. But one is on appeal.

"If I were a judge, I would laugh any lawsuit like this out of the courtroom," he said in opposing the bill.

Nolan said however that 17 states have agreed to this type of law and 10 are looking at similar legislation.

The bill had died Thursday on a 3-3 vote with Care and Las Vegas Democrats Valerie Wiener and Steven Horsford opposing it. Sen. Maurice Washington, R-Sparks, was absent Thursday. It passed today on a 4-3 vote with the same senators opposing it.

Wiener said she had "grappled" with this issue all session. She said she has been a "cheerleader" for healthy living but she was also concerned about the potential of frivolous suits.

Sen. Mike McGinness, R-Fallon, said, "Food establishments have become targets. There is an expectation of making big bucks."

Under SB313, people would not be able to sue restaurants on claims of weight gain, obesity, "a health condition associated with weight gain or obesity or a health condition generally known to result or to likely result from the cumulative effect of long-term consumption."