mr. speaker , for purposes of debate only , i yield 30 minutes to the gentlewoman from california ( ms. matsui ) xz4006631 , pending which i yield myself such time as i may consume . 
during consideration of this resolution , all time yielded is for the purpose of debate only . 
mr. speaker , h.r. 494 is a structured rule . 
it provides 1 hour of general debate , equally divided and controlled by the chairman and ranking minority member of the committee on the judiciary . 
it waives all points of order against consideration of the bill . 
it provides that the amendment in the nature of a substitute recommended by the committee on the judiciary and now printed in the bill shall be considered as an original bill for the purpose of amendment . 
this resolution makes in order only those amendments printed in the committee on rules report accompanying the resolution , and it provides that the amendments printed in the report may be considered only in the order printed in the report , may be offered only by a member designated in the report , shall be considered as read , shall be debatable for the time specified in the report equally mr. speaker , i rise today to speak on behalf of house resolution 494 and the underlying bill , h.r. 554 , the personal responsibility in food consumption act . 
first , i want to take this opportunity to thank the distinguished chairman of the committee on the judiciary , the gentleman from wisconsin ( mr. sensenbrenner ) xz4003650 , and the ranking member , the gentleman from michigan ( mr. conyers ) xz4000800 , and additionally i want to commend the gentleman from florida ( mr. keller ) xz4002120 , a member of the committee on the judiciary , for authoring the underlying bill . 
mr. speaker , today the house will consider h.r. 554 , the personal responsibility in food consumption act , a common sense piece of legislation that passed this house in the last congress by a substantial bipartisan vote of 276 to 139 . 
i might further add that 55 democrats joined with 221 republicans supporting this bill in an effort to help rein in this mentality of jackpot justice that has plagued our judicial system and cluttered the dockets to a virtual standstill . 
this legislation would require courts to dismiss any lawsuits that seek damages for injury resulting from weight gain , obesity , or any health condition associated with obesity filed against manufacturers , distributors , sellers , marketers , or advertisers of any food product , in addition to trade associations that represent them . 
of course , support of this bill is not limited to capitol hill , mr. speaker . 
a recent gallup poll found that approximately 9 in 10 americans , a number of whom are themselves in the ranks of overweight or even obese , opposed holding the fast food industry legally responsible for diet-related health problems of people who eat that kind of food on a regular basis . 
without question , mr. speaker , obesity is a problem in our society . 
having practiced medicine for nearly 30 years , i am well aware of the habit and complications that obesity can wreak on a person 's health , especially over a long term . 
like most other americans , i am also well aware that obesity is on the rise in our country , and particularly among our children . 
however , the root of the problem is not the existence of fast food or the presence of a local fast food restaurant , but rather the root of the problem lies in the choices of consumers . 
i have never heard of anyone pulling up to the drive-through window with a hamburglar sitting in the passenger seat forcing someone to buy just one more big mac . 
mr. speaker , allowing an individual to sue a restaurant because the consumer chose to eat there often or chose to eat too much is simply ridiculous and , frankly , it is a dangerous waste of the court 's time . 
for every frivolous case that takes up a spot on the docket , a legitimate case where an individual is truly harmed and truly needs expeditious judicial review gets pushed farther and farther down the line . 
and as we all know , justice delayed is justice denied . 
the title of this bill emphasizes the type of solution needed to address the underlying problem . 
it is called personal responsibility . 
it is not just a catch phrase . 
individuals have to take control of their own lives . 
they have to make wise decisions , especially when it comes to their health . 
and when an individual does make a poor decision , he or she should not be able to abuse the courts so as to shift responsibility to someone else in order to cash in . 
mr. speaker , while h.r. 544 prohibits certain types of lawsuits , it does make various reasonable exceptions to ensure the protection of a consumer 's legitimate claim for legitimate harm . 
an individual , for example , can still sue in those instances where a contract or a warranty is breached , as long as the basis for the lawsuit is not related to weight gain , obesity or a health condition associated with either . 
additionally , a manufacturer or seller is still liable if they knowingly violate a federal or state statute concerning the marketing , the advertising , or the labeling of a product . 
mr. speaker , this bill would still allow individuals to bring obesity or weight gain related matters before the ftc , the federal trade commission , or the fda , the food and drug administration , for consideration and appropriate action . 
obviously , individuals can still sue in accordance with applicable state laws protecting against deceptive trade practices and if a person becomes sick from a tainted food product . 
in closing , i just want to emphasize that this legislation is common sense and it includes exemptions to ensure legitimate claims still make it to court while abusive lawsuits are stopped at the courthouse door . 
again , mr. speaker , i look forward to the consideration of this rule , and i ask my colleagues to support the rule and the underlying bill . 
mr. speaker , i reserve the balance of my time . 
