Childhood obesity is in important respects a result of legal policies that influence both dietary intake and physical activity. The law must shift focus away from individual risk factors alone and seek instead to promote situational and environmental influences that create an atmosphere conducive to health. To attain this goal, advocates should embrace a population-wide model of public health, and policymakers must critically examine the fashionable rhetoric of consumer choice.

The statements of physicians who serve as expert witnesses for the tobacco industry reveal subtle but significant problems. Some expert testimony obfuscates the important issues, and some initially reasonable statements later evolve into extreme positions during cross-examination. Such statements fall into a “gray area” of professional ethics, potentially misleading juries and adversely affecting professional integrity. Medical associations can and should strongly enforce professional standards that do not tolerate tobacco industry influence on physician expert witnesses.

Physicians have long served as expert witnesses in litigation, and their medical knowledge can contribute to the appropriate resolution of a case. However, ethical issues may arise when physicians appear on behalf of the tobacco industry. Two ways that doctors participate in lawsuits are through depositions and by testifying in court during trial. The Tobacco Deposition and Trial Testimony Archive is an electronic database of depositions, trial testimony, opening and closing statements, and other material from tobacco lawsuits collected by the (...) Center for Tobacco Use Prevention and Research. At the time the research for this article was conducted, the database included depositions and trial testimony of expert witnesses from 232 smoking and health cases. (shrink)