Fast food companies and the industry's main lobbying arm are pushing federal and state governments to enact "commonsense consumption" laws, according to a report published in the New York Times. Many already have been passed on the state level and vary in substance, but all prevent lawsuits seeking personal injury damages from fast food establishments related to obesity from ever being tried in their courts. Another 11 states have similar legislation pending. The campaign is being led by the National Restaurant Association, which has assisted many states to write the "commonsense consumption" legislation.

The NRA also is working on the federal level with Rep. Ric Keller (R-Fla.) and Sen. Mitch McConnell (R-Ky.) to get a national "cheeseburger bill" passed. This bill would prevent obesity lawsuits from going forward in either federal or state courts.

While the food and restaurant industries acknowledge that obesity is a serious public health issue, they also maintain that the best way to address this problem is through voluntary actions and consumer education. Tom Foulkes, the director of state relations at the National Restaurant Association, says his group and related state organizations are giving the American public what it wants. He points to a Gallup poll from 2003 showing that 89 percent of people say they do not support obesity lawsuits against fast-food companies.