Today we're taking a look at claims that it is illegal to be overweight in Japan. Is this claim real or a hoax?
There is a law in effect requiring some citizens are to be measured every year, with certain steps mandated for those who exceed the recommended waist size.
There is no punishment for individuals who are overweight in Japan.
The law is officially known as the Standard Concerning Implementation Special Health Examinations and Special Public Health Guidance. It is more commonly known as “metabo law” – named after “metabolic syndrome” which is Japan’s official name for obesity. It became effective in April 2008 and added a new waist measurement requirement to the existing annual checkups required of all 40-75 year olds by local governments and employers.
Men with waists measuring more than 33.5 inches or women with waists measuring more than 35.5 inches are considered “at risk” and are referred to counseling, email and phone monitoring/correspondence, and motivational support. There is no fine or penalty for those who exceed the recommended measurements.
Some citizens complained of the embarrassment of exposing their stomachs while being measured, so the government decided to allow patients to remain fully clothed and deduct 1.5 centimeters from their final measurement.
Local governments and employers must maintain a minimum of 65% participation in the program and meet specific guidelines. The first goal was a 10% reduction in obesity rates by 2012, with a 25% goal by the year 2015. Over 50 million Japanese are expected to be measured each year.
There is no penalty or punishment for individuals. The law is aimed at putting pressure on companies and local governments. Employers unable to meet the guidelines will be forced to pay nearly 10% higher health payments into the national health insurance program. This can equate to millions of dollars for large corporations.
The annual waist measurements have prompted some people to crash diet in the weeks leading up to their yearly checkup. Some companies now offer free gym memberships or special diet plans for their employees. There has also been an increase in the sale of health products related to the metabo law.
Despite the lack of individual punishment, there is a direct effect of the law on some individuals. Those who are overweight and seeking employment may be deemed less desirable by potential employers. It is also unclear whether or not an individual can legally be fired for being overweight.
A common question raised in the discussion of the metabo law is that of sumo wrestlers. Keep in mind that the law only applies to people between 40 and 75 years old, so the vast majority of sumo wrestlers will not be measured during their careers. Kyokutenho Masaru, for example was the oldest wrestler to win a top division sumo championship - at age 37.
Another question is how to deal with individuals who are unusually tall, muscular, or have other physical anomalies or conditions (such as a thyroid problem) which would prevent them from meeting the guidelines.
Below is a 2008 CNN report on this law.
To say it is “illegal” to be overweight in Japan is a mischaracterization of the law. It has been referred to as a “fat tax” which may be closer to reality. The Japanese government issued guidelines and goals related to overweight citizens, with penalties for companies who do not meet those goals. Individuals are not punished or fined in any way, though overweight people may be subject to increased pressure to lose weight by by employers and fellow workers. There may also be discrimination against overweight people seeking jobs.
What do you think of the Japanese metabo law? Is it a good idea or are there too many potential abuses to make it practical?
- The Fat’s on Fire: Curbing Obesity in Japan (Boston University School of Public Health: May 29, 2011)
- Fat in Japan? You’re breaking the law (Global Post: November 10, 2009)
- Japan, Seeking Trim Waists, Measures Millions (New York Times: June 13, 2008)
- Japan Cracks Down on Waistlines (US News: June 4, 2008)