COMMENT: IS RONALD MCDONALD THE NEXT JOE CAMEL? REGULATING FAST FOOD ADVERTISEMENTS TARGETING CHILDREN IN LIGHT OF THE AMERICAN OVERWEIGHT AND OBESITY EPIDEMIC

摘要

In 1995, the battle against tobacco industries reached a new frontier. After countless failed lawsuits, public skepticism, and decades of tobacco industry internal exposure, attorney generals from various states attempted to certify a nationwide class action against the five largest tobacco companies based on the “novel” theory first acknowledged in Cipollone v. Liggett Group, Inc. that tobacco was an addictive drug. In this proposed class action, instead of seeking damages attributable to smoking-related illnesses, the plaintiffs sought compensation for economic losses due to the injury of nicotine addiction, including emotional distress and funds expended in efforts to stop smoking. This mass torts case was anticipated to be one of the largest class actions attempted in federal court and was well on its way to taming the tobacco beast.