Did you know that the obesity prevalence rate in the United States has nearly tripled since 1980, and 34% of U.S. adults are obese? It is an alarming and disturbing fact that the Center for Disease Control and Prevention(CDC)established while dealing with the surging problem of obesity (Chooi et al. 7). Chooi et al. stated that the number is staggeringly high compared to the 15% obesity rate in 1980; obesity costs the United States about $147 billion yearly (8). The governmental agency further predicts that if present trends continue, obesity could cause an additional $550 billion in medical expenses from diabetes, heart disease, and other obesity-related illnesses within just ten years (Frydrych et al. 526). More than 31 million children and 79 million adults will suffer from conditions associated with weight problems, such as Type 2 Diabetes, hypertension, osteoarthritis, and several others (Frydrych et al. 529). Again, according to Choi et al., fast-food consumption leads to a 41% increase in weight over a person’s lifetime(10). Fernandes et al. established that fast food is also not the healthiest choice, especially when the calories are from processed foods with little nutritional value (550). The fast-food industry has demonstrated irresponsibility and ignorance concerning its legal responsibilities for the health of its customers, which makes the industry legally accountable for obesity.
The fast food industry is an industry that involves the preparation and serving of fast food. Fast food restaurants are often part of a chain and tend to be more uniform in terms of the menu. McDonald’s, Burger King, and KFC are examples of popular fast-food chains. The first fast-food restaurants originated in the United States with the start of drive-through restaurants such as White Castle (Talwar). The major players include Schnuck Markets Inc., Supervalu Inc., Kroger Co., and Delhaize Group S.A (Talwar). It is a weight problem and a leading risk factor for non-insulin-dependent diabetes, cardiovascular disease, and cancer ( van Veldhuisen et al. 60). Obesity is a condition of excess body fat, which, in turn, results from consuming an excessive quantity of calories while not doing any physical work to burn them off (van Veldhuisen et al. 62). On a global scale, about 1 million deaths per year can be linked to obesity; on average, that is about 3% of all deaths (van Veldhuisen et al. 65). Obesity has been associated with poor health, including diabetes, high blood pressure, heart disease and it can even lead to death. Obesity is a global health problem.
People become obese because of an imbalance between calories consumed and utilized by the human body. Fast-foods lead to an increased prevalence of obesity by offering the body more calories than it requires (McCrory et al. 925). The fast food industry is responsible for selling a product that is not geared to the health and well-being of the customer. The industry has focused much on increasing its profits and expanding into global markets instead of ensuring that its product consistently meets the food quality standards and labeling regulations (McCrory et al. 927). In the contemporary world, economic expansion and capitalism have become the norm. More people are focusing on increasing their organizations’ profitability margins, limiting their time to prepare meals. In their little available time, these individuals provide a large and ready market for fast-food companies’ products(McCrory et al. 930). Since these foods have high-calorie volumes, these employees and employers consume higher calorie volumes which convert to increased body weight and obesity.
The fast food industry is responsible for products containing high levels of calories, low amounts of micronutrients, and insufficient water. It means that fatty food industry products contain high levels of calories because that is what consumers want, and most of the foods produced by this industry are calorie-dense food. Moreover, low amounts of micronutrients and insufficient amounts of water are the main factors contributing to overweight (and obesity), which has become a big public health problem in America (Fernandes et al. 553). Food produced by the fast food industry is not healthy enough to eat, especially for children and adolescents, as they need more micronutrients and water as well as fewer calories. Some fast foods, such as burgers, pizzas, and French fries, contain high calories because they include large amounts of saturated fats (Fernandes et al. 556). Furthermore, the fast-food industry is legally accountable for obesity because it has failed to uphold its duty of care towards consumers, which ultimately causes a breach of human rights law. Article 2 of the European Convention on Human Rights states that “a public authority will be responsible if it breaches a duty of care leading to death or personal injuries…the injured party may claim compensation from the public authority” (Cathaoir et al. 450). It can be applied to obesity because people consume food that leads to obesity, therefore, breaching a duty of care that the fast-food industry should have had towards them.
Food from the fast food industry lacks the nutrition and addictive qualities that normal foods have. The fast food industry can generate a large portion of profits by selling highly processed food with low nutritional value, generating obesity among its consumers(Talwar). As a result, this food is purchased over and over again. The fast-food industry is legally accountable for obesity because these fast-food companies can create their ingredients and sell them in their chain restaurants and supermarkets that carry the same brand name products. These fast-food chains can manipulate their menus and recipes in any way they wish (Talwar). They do not need regulatory oversight by governmental agencies or private groups such as AMA (American Medical Association). Thus, fast-food establishments market their products using high-fat and sugar ingredients to maximize profit margins by encouraging consumers to over-consume.
The use of trans fat cooking oil in fast food manufacturing has indicated that the industry does not consider the consequences of their actions to their consumers. Pipoyan et al. established that the fast-food industry is legally accountable for obesity because the industry uses of trans-fat cooking oil, one of the major causes of obesity. It is because trans fat cooking oil is partially hydrogenated, which is dangerous for health since it increases cholesterol in the body and increases inflammation (Choi et al.). Pipoyan et al. asserted that increased consumption of trans fats, which are present in processed foods, increases the risk of heart disease and obesity. The use of hydrogenated oil by food manufacturers to keep foods fresh for a long time is not recognized by FDAit increases the risk of blood clots and heart attacks (Pipoyan et al.). Caloric overload from energy-dense foods and beverages contributes to weight gain, which is a major cause of obesity.
The nutrient imbalance caused by eating highly processed foods containing refined carbohydrates, trans fats, and excessive protein (low fiber) leads to obesity. Castelló‐Martínez and Victoria claimed that the fast-food industry is legally accountable for obesity because their advertising targets young children. It has led to increasing cases of obesity because children have less knowledge of the consequences of consuming fast food. As a result, the fast-food industry is legally responsible for the increasing cases of obesity due to its wide influence and availability. It is because advertisement on fast food is more effective for children than adults based on limited knowledge and therefore influences them into purchasing from fast food outlets (Castelló‐Martínez and Victoria). The fast-food industry is damaging health by advertising and selling unhealthy foods that are leading people down the path to being obese. The result is they are breaching their duty of care towards consumers, causing harm to their health and therefore can be held legally responsible for obesity. Advertisements on fast foods target young children by using cartoon characters, bright color schemes, and attractive packaging, which might be able to attract children but not adults(Castelló‐Martínez and Victoria). As a result, the cases of obesity have increased among children since they are easily tempted and are now performing unhealthy activities such as binge eating. Thus, the fast-food industry is legally accountable for obesity since their businesses are choosing to advertise unhealthy foods, promoting the unhealthy lifestyles of consumers.
Works Cited
Castelló‐Martínez, Araceli, and Victoria Tur‐Viñes. “Obesity and food‐related content aimed at children on YouTube.” Clinical Obesity 10.5 (2020): e12389. Web.
Cathaoir, Katharina Ó., Mette Hartley, and Céline Brassart Olsen. “Global health law and obesity: towards a complementary approach of public health and human rights law.” Research Handbook on global health law. Edward Elgar Publishing, 2018. 427–459. Web.
Choi, Yu Chung, Cherlyn Ding, and Faidon Magkos. “The epidemiology of obesity.” Metabolism 92 2019: 6–10. Web.
Fernandes, Ana C., Débora K. Rieger, and Rossana PC Proença. “Perspective: public health nutrition policies should focus on healthy eating, not on calorie counting, even to decrease obesity.” Advances in Nutrition 10.4 (2019): 549-556. Web.
Frydrych, Lynn M., et al. “Obesity and type 2 diabetes mellitus drive immune dysfunction, infection development, and sepsis mortality.” Journal of Leukocyte Biology 104.3 (2018): 525-534. Web.
McCrory, Megan A., et al. “Fast-food offerings in the United States in 1986, 1991, and 2016 show large increases in food variety, portion size, dietary energy, and selected micronutrients.” Journal of the Academy of Nutrition and Dietetics 119.6 (2019): 923-933. Web.
Pipoyan, Davit, et al. “The effect of trans fatty acids on human health: regulation and consumption patterns.” Foods 10.10 (2021): 2452. Web.
Talwar, Jennifer. Fast food, fast track: Immigrants, big business, and the American Dream. Routledge, 2018.
van Veldhuisen, Sophie L., et al. “Bariatric surgery and cardiovascular disease: a systematic review and meta-analysis.” European Heart Journal 43.20 (2022): 1955-1969. Web.
