Harvard University obesity experts have reportedly proposed that some
parents should lose custody of their extremely overweight children to foster
care. In a July 13, 2011, Journal of the American Medical Association opinion
piece titled “State Intervention in Life-Threatening Childhood Obesity,” David
Ludwig and Lindsey Murtagh suggest that the same legal precedents that
protect undernourished children should apply to severely obese kids.

According to news sources, Ludwig, an obesity specialist at Harvard-affiliated
Children’s Hospital Boston, and Murtagh, a lawyer and Harvard School of
Public Health researcher, claim that removing a severely obese child from the
home may be legally justifiable because of imminent heath risks such as Type
2 diabetes, liver problems and breathing issues. State intervention “ideally
will support not just the child but the whole family, with the goal of reuniting
child and family as soon as possible,” after possible parenting instruction,
Ludwig reportedly said.

The commentary has apparently sparked outcry among some families and professionals dealing with childhood obesity. Citing a lack of evidence supporting the contention that states would do a better job than parents, they argue that parents cannot control associated issues such as advertising, marketing, peer pressure, and bullying. “If you’re going to change a child’s weight, you’re going to have to change all of them,” a University of Pennsylvania bioethicist was quoted as saying. See Associated Press and The Wall Street Journal, July 13, 2011; ABC News, July 14, 2011.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

Close