Exempted from civil liability producers, processors, manufacturers, packers, distributors, carriers, holders, sellers, marketers, trade associations, and advertisers of food (as defined in 21 U.S.C. 321 (f)), or an association of one or more those entities, for claims arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known conditions allegedly caused by or allegedly likely to result from long-term consumption of food. The liability exemption does not apply if the claim is based on a material violation of state or federal adulteration or misbranding requirements. The liability exemption also does not apply for any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling or sale of food and the violation was committed knowingly and willfully. Provided that discovery and all other proceedings shall be stayed during a motion to dismiss.
Obesity Litigation Reform: HB 1241 (2005)
Exempted from civil liability producers, processors, manufacturers, packers, distributors, carriers,
Latest News
View all news
Trial lawyers target agriculture products in ‘Judicial Hellholes’
This op-ed was originally published by Agri-Pulse. Mass tort litigation has become a multi-billion-dollar industry for trial lawyers over the past several decades as they’ve targeted everything from tobacco and […]
Gov. DeSantis Signs Key Legal Reform Bill In Florida
SB 2-A to improve FL property insurance; addresses assignment of benefits, one way attorney fee shifting, third-party bad faith
ATRA Brief Calls on SCOTUS to Review Near Limitless Per Violation Civil Penalties
Arbitrary, excessive punishments result from lack of clarity under some laws
Frivolous ‘No-Injury’ Lawsuits Thrive in California
State ranked No. 3 among worst ‘Judicial Hellholes’ in nation with residents paying $1,900 per year in ‘tort tax’
Endless Coastal Litigation Creates Climate of Lawsuit Abuse in ‘Judicial Hellhole’ Louisiana
Residents pay ‘tort tax’ of more than $1,010 amid all-time high inflation
Cook County Lawsuits Fail to Claim Actual Injuries
In No. 5 worst ‘Judicial Hellhole,’ Chicago residents pay $2,094 each in annual tort tax