> It's not confirmation bias when it's more then 1 in every 3 people

If you construct your argument to exclude the 2 out of 3 people who are not overweight and then point out that the remaining 1/3 is overweight, that's the definition of confirmation bias.

It's also a disingenuous argument because not all of those 40% are actively trying and failing to modulate their weight in any way. Most people just don't care.

No way that it’s only 40%. Well over half are overweight. Any definition claiming only 40% is lumping in a lot of fatties with the “not overweight”.

They got the right number with the wrong descriptor. It's about 40% obese (and 78% overweight, last I remember).