mr. chairman , i thank the gentleman from wisconsin for the time .  unfortunately , the food industry has been targeted by a variety of unfounded legal claims which allege businesses should pay monetary damages and be subject to equitable remedies based on novel legal theories of liability for the overconsumption of its legal products .  obesity is a problem in america , but it is not evident that the availability of high-fat food or restaurants are the sole cause .  a number of studies have shown that a lack of physical activity , that is , not exercising , has contributed to the rise of obesity and not solely one 's caloric intake .  in the subcommittee on commercial and administrative law , which i chaired last congress , we explored the threat the food industry and its workers face from frivolous litigation , the threat to personal responsibility posed by the proliferation of such litigation , and the need for passage of the personal responsibility in food consumption act .  since the gentleman from florida ( mr. keller )  introduced a similar bill last year , 21 states have passed laws banning these so-called obesity lawsuits .  the opponents of this bill will claim that this shows that congress should not intervene .  in reality , it means we must .  without a complete ban on these frivolous lawsuits , rogue trial lawyers , and i have many trial lawyers who are friends and who work very hard to get the appropriate kind of compensation for people who are injured , but many of these rogue trial lawyers will forum shop until they find a state and a district that gets them the exorbitant payday that they seek .  i would remind my colleagues that john banzhaf , an attorney who testified last year against this bill , stated in 2003 , `` somewhere , there is going to be a judge and a jury that will buy this , and once we get the first verdict , as we did with tobacco , it will open the floodgates. '' it is unlikely that lawsuits against food establishments over their menus will make us healthier .  such lawsuits will threaten thousands of jobs and , more importantly , such lawsuits send the wrong message regarding personal choices and personal responsibility .  do we want our kids growing up believing it is always someone else 's fault ?  mr. chairman , it is not only important , but also fundamental that americans have access to courts to address their legitimate wrongs and the harms that they cause .  the trial bar serves an invaluable purpose in helping average americans gain rightful and proportionate compensation when harm is done .  however , frivolous lawsuits such as the ones this legislation seeks to prevent serve only to undermine our legal system and those who truly need its protections and the moral fiber of americans who should be self-reliant and responsible for their choices .  mr. chairman , i urge my colleagues to support the underlying bill , h.r. 554 .  