Taking on Big Soda
Jacob Sullum | November 30, 2005, 5:14pm
The Atlanta Journal-Constitution reports that plaintiffs' attorneys who made big bucks by suing tobacco companies plan to take on soda manufacturers with lawsuits arguing, among other things, "that soft drink companies use caffeine, a mildly addictive substance, to hook children on a product that is dangerous because of its empty calories." Northeastern University law professor Richard Daynard, who founded the Tobacco Products Liability Project and now heads the Obesity and Law Project at the Public Health Advocacy Institute, has this to say about selling soda in schools: "It is less egregious, but it is a little like having a cigarette machine in a school."
I have no strong opinions about soda machines in schools, although I'm pretty sure removing them would have no measurable impact on overall calorie consumption or the number of tubby teenagers. But recovering damages from soda companies for selling their products to students will be a neat trick if Daynard et al. can manage it, especially since school administrators and board members are the ones who decide what gets vended.
[Thanks to CEI's Christine Hall-Reis for the link.]
Dave W. | December 1, 2005, 5:00am | #
So maybe the best question is, if corn syrup turned out to be as dangerous as Dave W. is hinting that it might be, why sue a few companies that use corn syrup in their products, when you could sue the companies that actually make the corn syrup? Especially since the corn syrup manufacturers are the people who actually lobbied for the crazy policies that created all these perverse incentives?
That would be like suing the tobacco companies while giving subsidies to tobacco farm....oh, I get it now.
T, you are approaching an insight here. A big one.
The insight goes like this: as libertarians, we know that gov't is bad, power corrupts, don't trust gov't, etc, et, etc. Sometimes Dems or Repubs will say they understand this, but they don't. Either they constantly forget or they are hypocrites or both. So far, so good.
However, when big business buys off portions of the gov't, then that business is acting as the gov't. If the politician is honest about the money he gets and the meeting she has and her true motives, then that's fine. On the other hand, if business is having secret meetings with the legislators (of all major part(ies)), and is doing business dirty bidding in the guise of gov't to sanitize all reponsibility and control people in anti-libertarian ways, then those businesses need to be as distrusted and disliked as we have learned and never forgotten to distrust gov't. Because, effectively, and despite the dog and pony democracy show, the lobbying business *is* the government.
What do I mean by businesses acting in unlibertarian ways. Here's two examples.
easy:
company lobbies for strategic tariffs to increase its profits, yet hurt the economy as a whole.
a bit more difficult (this is hypothetical, we will defer discussion of reality until discovery takes place):
a food manufacturer wants to switch one of the ingerdients in its food product. although the additive is relatively safe in small amounts, in large amounts it is (secretly) believed that consumption of large amounts of the additive will increase the nation's diabetes rate by a factor of 10 or so (the data is imprecise and the company intends to remain as ignorant as they can of the risks in case there is litigation later). However, because the company believes that nobody will ever be able to prove that they knew the risk, they petition the gov't to keep the FDA out of its hair while it makes the ingredient switch. In one last brilliant move, the company pulls some farmers out of Grant Wood's central casting and everybody says that these wonderful farmers are the moving force behind this whole farce. The farmers are smiling, tho! Grant wouldn't like that. After diabetes has increased 10 fold, a brave man says we ought to look into what really went on there, with private lawsuits if the gov't is not up to the task of investigating its own corruption. he is roundly shouted down on a "libertarian" board.