Should We Legislate Our Weight?

With wallets tightening and waistlines expanding, health legislation regarding weight and diet has sparked intense debate. Can and should we implement laws that promote healthier lifestyles? Should employers play a role by hiring based on weight or dismissing employees with higher health risks? And where do personal responsibility and government intervention intersect in managing health?

Health Costs and Employer Interests

Jessica Wilen Berg, a Professor of Law and Bioethics at Case Western Reserve University, offers insights into this complex issue. According to Berg, employers have a vested interest in their employees’ health since they often bear the cost of healthcare, either through direct premiums or self-insurance. Rising health costs affect everyone, and employers who don’t cover premiums directly want to keep costs down. While health impacts productivity in some jobs, Berg emphasizes that not all overweight people are unhealthy and that there are many lifestyle choices that, while not optimal, shouldn’t be legislated or restricted by employers.

“Obesity has many causal factors, some beyond individual control,” Berg points out. She notes that penalizing individuals for weight can unfairly impact specific demographics, as obesity rates vary with race, ethnicity, and socioeconomic status. Also, creating restrictions is complex: if we tax or limit unhealthy foods, how do we define “unhealthy”? Even fruit juices can be high in calories, similar to soda, though they offer different nutrients.

Legislative Moves in the U.S. and Abroad

Efforts to legislate health aren’t new. In 2008, Japan implemented the “metabo” law to address rising obesity rates. This policy includes annual employee waistline checks, and companies must reduce the number of employees exceeding certain waistline thresholds or face penalties. Though Japan’s obesity rate is one of the lowest globally, this law represents one of the most ambitious national efforts to regulate weight.

In the U.S., legislative efforts focus more on specific dietary regulations, like New York City’s ban on artificial trans fats in restaurants and California’s similar restrictions. These measures have targeted specific health risks linked to trans fats, as they’re known to increase bad cholesterol and decrease good cholesterol, raising heart disease risks. Other proposals, such as soda taxes or bans on junk food advertising to children, have seen mixed support, with some opponents viewing them as an overreach into personal choices.

Employer Strategies for Promoting Health

Rather than enforcing weight restrictions, Berg suggests that employers focus on positive reinforcement. Providing healthy food options, making healthy choices more accessible, and offering wellness programs with exercise and health screening incentives can encourage employees to make healthier decisions without punitive measures. Initiatives like moving candy machines out of sight or offering on-site exercise classes allow employees to take ownership of their health in a supportive environment.

Should We Regulate Our Weight?

As Americans debate personal freedoms vs. public health, many wonder if health legislation could infringe on individual rights. Mary Kate Cary of U.S. News & World Report raises the question of “sin taxes”—taxing certain foods to discourage consumption—and where they might end. Would such taxes eventually apply to sugary treats, full-fat dairy, or sedentary lifestyles?

Berg emphasizes a critical distinction between food and other regulated products like tobacco: smoking is harmful to bystanders, while diet choices generally only impact the individual. However, others argue that everyone shares the cost of healthcare, so one person’s poor health could increase costs for everyone.

Weighing In

It’s a tricky balance between public health interests and personal freedoms. Should employers or the government influence our health choices? Or is it a matter of personal responsibility? Perhaps initiatives like those in Japan could work here, or maybe we should focus on educational and incentive-based programs instead of restrictive laws.

What are your thoughts? Should our diets and waistlines be regulated? Where do we draw the line? Let’s discuss it!