Health Organization Attempts End Run Around Legislators and Regulators by Suing Dairy Industry

Washington, DC, June 28, 2005 — A so-called health organization is attempting to make an end run around legislators and regulators by suing the dairy industry as a means to halt the industry’s advertising efforts, according to the American Tort Reform Association (ATRA).

 “Regulation of industries is the responsibility of legislators and regulators and something that should not be handled in the courtroom,” said ATRA President Sherman Joyce. “We call this regulation through litigation, and most judges will not allow their courts to be used as a means to achieve public policy and regulatory objectives.”

In February, a Los Angeles judge dismissed a class action lawsuit against beer companies for allegedly encouraging underage drinking by “targeting teens with their advertising.” The judge ruled, “regulating alcohol ads is the job of the Department of Alcoholic Beverages Control, not the courts.”

Attempts at “regulation through litigation” have been brought against the food industry, firearm manufacturers, HMOs, lead paint makers and others.

The American Tort Reform Association (ATRA) is the only national organization dedicated exclusively to tort and liability reform through public education and the enactment of legislation. ATRA’s membership includes non profits, small and large companies, as well as state and national trade, business, and professional associations.

www.atra.org