Personal Responsibility in Food Consumption Act

PERSONAL RESPONSIBILITY IN FOOD CONSUMPTION ACT -- (Extensions of Remarks - March 11, 2004)

SPEECH OF
HON. BRAD SHERMAN
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
WEDNESDAY, MARCH 10, 2004

The House in Committee of the Whole House on the State of the Union had under consideration the bill (H.R. 339) to prevent frivolous lawsuits against the manufacturers, distributors, or sellers of food or non-alcoholic beverage products that comply with applicable statutory and regulatory requirements:

Mr. SHERMAN. Mr. Chairman, the proponents of H.R. 339, the Personal Responsibility in Food Consumption Act, argue that those who legally manufacture or sell food should be protected from lawsuits which claim the consumption of their product caused weight gain, obesity and/or weight related health conditions. However, the bill applies to manufacturers and sellers of food, as defined by Section 201(f) of the Food, Drug, and Cosmetic Act, including various nutritional and weight loss supplements, like Ephedra, which are in effect marketed as drugs.

Congress should deal separately with statutes regarding food purveyors and those lawsuits relating to the manufacture or marketing of nutritional supplements which are marketed as if they are drugs-some of which have the same benefits and risks of drugs.

The amendment offered by the Gentlewoman from Texas (Ms. JACKSON-LEE) sought to clarify the bill. But the proponents of the bill rejected this amendment. As a result, the bill is confusing in its scope and I voted against it for that reason.

I hope the bill is improved in the Senate to apply only to those who sell "food" as that term is normally used. Products marketed as drugs should be dealt with separately.

END