Americans are getting fatter and fatter every year. It is estimated that as many as one in five Americans is obese, a condition defined as being more than 30 percent above the ideal weight based on height. Even more alarming is that fact that obesity rates for children have doubled over the past 20 years, and overweight children are being diagnosed with obesity-related illnesses such as diabetes, sleep apnea and respiratory illnesses that in the past have only afflicted adults.

As the health care costs of treating obesity-related illnesses mount, some are looking to place the blame for increasing obesity rates on the purveyors of fast food. Facing fierce competition for customer loyalty, fast food chains such as McDonalds, Burger King and Wendy's have promoted their over-sized burgers, extra-large servings for fries, and buckets of soda, all at low prices. Busy and cash-strapped families increasingly rely on take-out food for family dinners, and regular consumption of over-sized portions of fatty foods can leads to widespread obesity.

Some trial lawyers, fresh from a $90 million (and growing) windfall from the tobacco lawsuits, have set their sites on fast food companies. Following the tobacco lawsuit model, some argue that these companies should be held liable for the health care costs of treating illnesses associated with obesity, since they peddle dangerously unhealthy foods to unwitting consumers. The combination of the staggering number of obese Americans and the fat wallets of the fast food companies makes such lawsuits a tantalizing prospect for many trial lawyers and their potential clients.

On One Hand

The portions served by fast food chains and other restaurants are far larger than the recommended portion size for most foods. Food costs for restaurants are relatively low, compared to the costs of rent and labor, so it makes sense for them to offer larger portions that make their customers feel like they are getting a bang for the buck.

As American eat out more and more frequently, they become accustomed to those oversized portion, and think that such portions are normal. The high caloric content of these large servings leads to weight gain for regular fast food customers, and obesity can lead to many dangerous health problems.

Fast food chains do not alert their customers to the hazardously high calorie and fat content of the food they offer. They deserve some of the blame for the epidemic of obesity, and lawsuits brought by victims of their toxic food would force these companies to take some responsibility for their dangerous products.

On the Other Hand

Cigarettes contain substances that are addictive to smokers, and tobacco companies have been made to pay the price for selling a product that is dangerous to the health of their customers. But no one can claim that a Big Mac or a Whopper is addictive. They may be tasty, and people may eat too many of them, but McDonalds and Burger King are not responsible for their customers' lack of self-control.

Lawsuits against fast food companies on behalf of obese "victims" would say more about the greed of trial lawyers than about any real danger posed by fast food. Most people choose to eat fast food even though they know it's bad for them. Individuals have to take responsibility for that choice, not the company that provides the food.

• The US. Department of Agriculture estimates the cost at more than $ 71 billion a year in added health-care and related expenses.

• In 1991, one in eight Americans were obese. In 1999, the number had increased to one in five.

• A study by Policy Analysis Inc. concluded that overweight people cost their employers $12.7 billion in sick time and insurance coverage in 1994 alone.

• It is estimated that kids get up to 40 percent of their meals from fast-food chains, convenience stores and restaurants.

• There are fast-food franchise outlets in 13 percent of the nation's schools.

• One American Medical Association study estimates that 300,000 Americans die each year from obesity-related causes such as heart disease, diabetes and stroke.

• Obesity levels are sky-rocketing despite the fact that $33 billion a year is spent on weight-loss aids.

Washington Post, Guest Choice Network, the Nation, Time