Wellll I don't recall anyone having a lung removed after eating a Big Mac, but maybe I am missing something.....
And I don't recall anyone having a colostomy because they smoked. What's your point? Both are bad for you, and both are voluntary acts.
A lot of people became addicted to tobacco before anyone (outside the companies that produced it)KNEW it was addictive or that it caused cancer.
Maybe, but most of them are dead now and they aren't suing anyone. We've known for a long time, at least since the 1960's and I think the 1950's, that smoking was bad for you and was linked to cancer. I'm 50 (no spring chicken), and I can't remember a time when I didn't know that there was a connection between smoking and cancer. So anyone who could argue that they got addicted before anyone knew it was bad for you would have to be pretty old now.
So when I guess when they discover McDonald's food is an addictive substance that is the sole cause of a death dealing disease and start putting warning labels on it your example might fit...
Neither fast food nor tobacco is the sole cause of any disease. You have a lot better chance of getting lung cancer if you smoke, but there are still some unlucky souls who get it even though they've never smoked in their lives. And the lack of warning labels is another point in favor of my argument. Tobacco users can't even claim that they weren't warned, as fast food eaters can. So why should the tobacco users be able to recover damages when they were warned, right on every wrapper, what might happen if they used this stuff?
I'm not arguing in favor of the tobacco companies here. The point I'm trying to make is that the lack of personal responsibility in our society is becoming increasingly absurd. Everybody's a victim. If you smoke, you're a victim of the tobacco companies. If you eat too much fast food, you're a victim of McDonald's. If you're injured by a drunk driver, you're a victim of the lliquor manufacturers, or the bar or liquor store where the guy bought his booze. If you hit your thumb with a hammer, you don't tell yourself to be more careful the next time, you sue the manufacturer of the hammer. If a burglar breaks into your home to rob you and gets injured while he's there, he's a victim too, and he can sue you for damages. It's utterly insane, and the courts keep going along with this sort of thing.
Personally, I think the overweights will win their case, and you probably will see warning labels on fast food eventually. What's next after that? Processed foods? Watch out, Spam!!