Objectives: Examination of the prevalence of obesity and overweight over the past two decades and the health implications that encompass increased risk for cardiovascular disease, hypertension and diabetes. Focus on legislative policies and individual responsibility. Method: Literature review of local and national data on obesity, health implications, government response and determinants of health. Results: Unhealthy eating habits and a sedentary lifestyle are determinants of obesity. In the U.S. it can be said that we live in a "toxic environment." Environmental factors impeding healthy eating include socioeconomic status (SES), limited access to healthy food choices in low-income communities, poor neighborhood characteristics preventing the ability or desire for physical activity and advertising that bombards youth with unhealthy choices. Conclusion: When addressing responsibility for obese and overweight, all variables must be addressed: the individual, government, community and the food industry must lay claim to the impact of unhealthy choices and lack of access in the nation. The cost of obesity is astronomical. Billions of dollars are spent on health issues that are related to obesity. There are a few championing the cause of decreasing obesity and overweight in schools and communities throughout the States. Policy and legislative interventions have proven to be effective in regulating industry practices as it pertains to advertisement. There are those however that feel it is an individual's responsibility to monitor their behavior as it pertains to their well-being. Obesity and overweight are more than an individual problem. It is a public health concern, requiring a collective and concerted effort of moving people towards healthy living choices.