Overlawyered: Chronicling The High Cost Of Our Legal System

Happy Meal lawsuit, cont’d

My New York Daily News opinion piece stirred up a whole lot of discussion: at Megan McArdle/The Atlantic, Hans Bader/CEI, Mike Riggs/Daily Caller “TheDC Morning”, Outside the Beltway, Radley Balko, AllahPundit/Hot Air, Never Yet Melted, Modeled Behavior, Above the Law, Twitter mentions, John Hayward/Human Events, Jammie Wearing Fool, Andrew Stuttaford/NRO “Corner”, Amy Alkon, Chris Robinette/TortsProf, Ira Stoll/Future of Capitalism, Tom Kirkendall, John Steele Gordon/Commentary, and my own write-up at Cato at Liberty.

Also: Check out the further information Ira Stoll has developed at his site about the meals San Francisco serves at its own schools, which seem to compare not at all favorably with the meals the city’s council has seen fit to ban.

Remember, this isn’t a once-every-so-often treat provided at parental discretion, like a Happy Meal — this is the food the state is serving for lunch in the essentially compulsory government schools. The fact that it’s McDonald’s rather than the government schools that are getting sued by this parent and advocacy group gives away what the lawsuit is really about. It’s not really about food, or calories — it’s about an attempt to increase the power of the state over private enterprise by restricting the power of the private enterprise to market its product. The suit isn’t about the “meal,” it’s about the “happy.”

More on the nutritional background: Patrick Basham and John Luik, “A Happy Meal Ban Is Nothing to Smile About”, Spiked Online; David Oliver. On the legal: Russell Jackson. And welcome listeners of Lars Larson’s Portland, Ore.-based radio show, which welcomed me as a guest to discuss the case Dec. 17.

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December 16 roundup

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McDonald’s sued over Happy Meals

The Center for Science in the Public Interest, also known as Busybody Central, is filing a would-be class action under California consumer law over the hamburger giant’s marketing of fast food with toys. I have much more to say about that at the New York Daily News online opinion section (& linked at Above the Law, John Hayward/Human Events, Jammie Wearing Fool, Andrew Stuttaford/NRO “Corner”, Chris Robinette/TortsProf, Ira Stoll/Future of Capitalism), and am also quoted in the Reuters coverage. Earlier on Happy Meal law here, including a pointer to this Bruce Nye post from June on why CSPI’s claims are unlikely to prevail.

P.S. Happy to see that as of late Wednesday evening my piece is the most read, most emailed, and most discussed at the Daily News opinion site. Followups and links here.

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Big business and the extension of regulation

There’s a curiously contemporary ring in these reports from the early days of federal food safety regulation (Roy Childs via Arnold Kling):

…Regulation in general, far from coming against the wishes of the regulated interests, was openly welcomed by them in nearly every case. As Upton Sinclair said of the meat industry, which he is given credit for having tamed, “the federal inspection of meat was historically established at the packers’ request. … It is maintained and paid for by the people of the United States for the benefit of the packers.”

…In any case, congressional hearings during the administration of Theodore Roosevelt revealed that “the big Chicago packers wanted more meat inspection both to bring the small packers under control and to aid them in their position in the export trade.” Formally representing the large Chicago packers, Thomas E. Wilson publicly announced: “We are now and have always been in favor of the extension of the inspection.”

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Product liability as model for consumer finance regulation?

Let’s hope it doesn’t unfold that way, says Richard Epstein [Truth on the Market]

P.S. It looks as if from Congress will accord lawyers and some other professionals an exemption from Federal Trade Commission regulations on identity theft that would have lumped them in with more traditional lenders because they often do not bill clients at the time work is performed. Fair enough, one supposes, but also another indication of the truism that one’s success in dodging nonsensical regulation is often a function of one’s status as a potent lobby in Washington.

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