As it did last year (see Mar. 11, 2004). This time the margin is wider, 306-120 instead of 276-139. The Senate, as usual, is the sticking point. (Libby Quaid, “House Votes to Ban Obesity Blame Lawsuits”, AP/MyWay.com, Oct. 20).
More: Jacob Sullum (Oct. 20) takes a dim view of the bill because of its expansive interpretation of the Commerce Clause, and also suggests that the bill contains a rather wide loophole:
[It] makes exceptions not only for violations of express warranties but for violations of state or federal law that result in excessive calorie consumption. The latter exception would apply to Pelman v. McDonald’s, the case in which two overweight teenagers seek to blame the chain for their chubbiness. The suit was dismissed twice by U.S. District Judge Robert Sweet for failure to adequately state a claim, but it was revived by the U.S. Court of Appeals for the 2nd Circuit, which ruled that the plaintiffs could pursue their argument that McDonald’s violated New York’s Consumer Protection Act through deceptive marketing practices.
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