The American Medical Association (AMA) has reportedly voted against a policy that would describe obesity as a disability, citing concerns over patient care and litigation. In particular, some AMA members noted that a disability designation might curb the willingness of physicians to openly discuss weight issues with their patients. “If obesity is designated as a disability, physicians could be sued or reprimanded for discrimination under the Americans with Disabilities Act if a patient takes offense at the physician discussing obesity,” stated the resolution adopted at AMA’s recent annual meeting. See The Associated Press and ABC News, June 18, 2009.

Meanwhile, the Obesity Action Coalition (OAC) has issued a statement calling for a continued discussion around this topic, urging physicians to take a proactive approach to obesity with their patients. “The determination of obesity should be based on scientific and medical factual data and not fear of litigation,” OAC said in a June 17, 2009, press release. “Every individual who is affected by obesity is not disabled, but this does not mean that obesity does not and cannot contribute to disability. We believe that obesity should be treated like any other disease or medical condition in regard to determining disability.”

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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.

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