This transcript is automatically generated
Don't worry your kids will still be able to get a toy with are happy mail.
California judge tossing out the class action lawsuit that was trying to band McDonnell's.
From giving out toys in happy -- -- many award is managing editor at reason magazine.
May be the nanny state of the push in that direction have been other -- another way.
You know -- this is definitely good news but unfortunately I think we have a way to go before we hit bottom and you know for every judge that throws -- a lawsuit like this we've got you know board of supervisors and San Francisco saying.
Toys are out.
They're -- do you think that more more groups and even government organizations -- elected leaders are using this obesity happened and it says that happen.
Up certainly a problem in this country where you've got.
Two thirds of Americans are overweight or -- they're using that as their -- their primary excuse to try and legislate.
The way that people eat in this country.
People also take advantage of kids in this respect you know -- it's for the children.
It's okay to be pretty aggressive in terms of legislation that's kind of that the mindset but.
It applies to adults did you know and I've been known to order happy meal is a grown up every -- -- -- who doesn't like a little plastic -- ahead -- -- -- couple -- -- -- and actually the happy mail.
Is it is very well -- in the grand scheme of things in terms of the mail is fairly low in calories it's not -- what you would get if you just go hog wild with ala carte menu.
But do you see any because you again -- I always like to Mayor Bloomberg in New York City who has been very vocal and very active and they're cracked down on so Dion yeah of their calories on the menus here again it attacking sugary drinks in this in the city.
And did it again didn't you see any change in the behavior of these politicians in terms of trying to change our behavior for us.
I do I think they're becoming more aggressive Bloomberg -- -- in this and in many things on the forefront of nanny state.
Apparatus and Michelle Obama was it was very careful to walk the line between.
Using the bully pulpit of the White House to argue for good choices and actually is in the state to mandate them well I always I.
Always argued that that American people can have a choice they can change their eating.
Behavior they can change the way they -- they we can get fit as a nation or gas import because as Medicare becomes a bigger and bigger -- financial help this country.
You -- the government eventually will comment and do something of about the state.
Of the nation's help -- the government is paying the bill at least when you're talking about Medicare.
And when they do they're gonna start out by saying this is just to help the poor little fat kids whose parents won't help them and the next thing you know home.
You can't buy soda and the story you've gotten you know making.
Labeling on menus and you know mandatory vegetables.
Take carrier Catherine it's great to say thank you so much -- -- ward and we really appreciate you coming in today is we're a lot.