Ethics of Obesity Legislation and Litigation: A Public-Health Policy Debate

Abstract

Obesity policy is an emerging priority among legislators and policy developers, who have posited that litigation helps to frame and support said policy. There is a national need to debate the merits of obesity legislation and litigation, and this requires a forum and a guiding framework. Evidence-based research often guides the policy but may be insufficient in terms of the ethical questions the legislation poses. Triangulation of evidence, theory, and ethical principles used in public health, and analysis of the level of autonomy represented in obesity policy, can be used in a counterargument to guide debate about obesity legislation and litigation. Healthcare professionals should engage in interprofessional, ethical scrutiny of legislation and litigation prior to offering support to obesity policy to ensure that it does not create an environment of social stigmatization. Obesity policy that does not integrate ethical principles and fails to seek counsel from the population of service may risk limiting cultural feasibility and may result in actual harm.