Journal article
Sugar-sweetened beverages and negligence: Who is to blame?
Torts Law Journal, Vol.26(2), pp.138-159
2020
Abstract
In this article we examine the key issues in negligence for sugar-sweetened beverages. Despite increasing social and economic costs of obesity, type 2 diabetes and tooth decay — as well as greater understanding of the harmful effects of sugar-sweetened beverage consumption — negligence remains very much about personal responsibility and autonomy. This is particularly so as it tends to be the excessive consumption of sugar-sweetened beverages (rather than consumption itself) that might lead to harm. Importantly, too, in negligence it is not enough to show that many people who consume sugar-sweetened beverages become obese (or get type 2 diabetes or tooth decay); instead it is a matter of determining causation in relation to the individual who is bringing the claim, and proving that sugar-sweetened beverages rather than other sources of sugar or genetic susceptibility caused the harm. The complex aetiology of sugar-sweetened beverage-related health problems makes this practically impossible. Indeed, there are just too many complexities, uncertainties and actors for private action in negligence to be successful. Quite clearly, then, negligence is not the appropriate forum to regulate sugar-sweetened beverages. It is up to the government, not the courts, to do something about it; but given the power of large industries in influencing public policy, we may be some way off effective measures being taken.
Details
- Title
- Sugar-sweetened beverages and negligence: Who is to blame?
- Authors
- Jay Sanderson (Author) - University of the Sunshine Coast, Queensland, School of Law and Criminology - LegacyDominique Moritz (Author) - University of the Sunshine Coast, Queensland, School of Law and Criminology - LegacyZac Smithers (Author) - Maurice Blackburn Lawyers
- Publication details
- Torts Law Journal, Vol.26(2), pp.138-159
- Publisher
- LexisNexis Butterworths
- Organisation Unit
- School of Law and Criminology - Legacy; University of the Sunshine Coast, Queensland; School of Law and Society; Sexual Violence Research and Prevention Unit
- Language
- English
- Record Identifier
- 99472808702621
- Output Type
- Journal article
Metrics
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