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The Legal Implications of Dietary Fats: Risks of Cardiovascular Disease and the Duty of Food Manufacturers

The Christ Hospital Cardiovascular Research Center, The Lipid Research Center, The University of Cincinnati, Cincinnati, OH 45219

The arguments for a warning on foodstuffs open new ground in product liability. Some of the dangers of fat-laden foods have been apparent for many years and are widely known to the public. Other aspects of fat consumption, specifically hidden fats, such as saturated fats, have only recently been explored, and are known to a limited segment of the population at risk. Negligence and warranty theories are too narrow to encompass this situation, wherein the benefits and risks of a product are not well defined and not easily separable. Some warning about the dangers resulting from fat ingestion is necessary, but may be adequately dispensed by ingredient labeling. If consumers are aware of the potential for harm, then they are assuming a substantial portion of the risk. How risk-free can we, or should we, make our society?

The marketplace is the appropriate venue for determining the acceptance of saturated-fat-containing products by our society. Clear and open labeling policies will allow consumers to weigh the relative advantages and disadvantages of lower fat intake. Warnings of fat content need not be extreme, but should disclose the possible physiological outcome of the heavy ingestion of saturated fat.