Obesity Litigation Reform: HB 170 (2005)
Exempted from civil liability manufacturers, sellers, trade associations, agricultural producers
Exempted from civil liability manufacturers, sellers, trade associations, agricultural producers (means any producer of livestock, crops for food or fiber, dairy products and any other product for human consumption from an agricultural operation), wholesalers, brokers or retailers of a qualified food product [means any food or drink as defined in 21 U.S.C. 321 (f) and specifically includes meat and meat products from livestock, food, fiber, dairy product and any other product for human consumption from an agricultural operation] in cases in which liability is based on weight gain, obesity, or a health condition related to weight gain or obesity, and the weight gain or obesity or health condition results from the longterm consumption of a qualified product. The liability exemption does not apply if the claim is based on a material violation of a federal or state composition, branding, or labeling standard and that the violation was committed with intent to deceive or injure consumers or with actual knowledge that the violation was injurious to consumers.
Missouri Gov. Mike Parson signed S.B. 591 to amend Missouri’s consumer protection act and the state’s punitive damages system.
Federal Judge William Shubb ruled that due to insufficient evidence, California cannot require glyphosate-based weedkiller Roundup to be labeled as “known to the state of California to cause cancer.”
ATRA thanks Gov. Kim Reynolds for signing and the Iowa legislature for passing S.F. 2338, providing COVID-19 liability protections and reforming phantom damages in Iowa.
ATRA urges the Pennsylvania legislature to enact liability protections for critical industries like healthcare providers, PPE manufacturers and small businesses.
ATRA encourages the Louisiana State Senate to pass and Gov. John Bel Edwards to sign H.B. 57 to help reduce auto insurance rates.
ATRA voices its support for H.R. 7059, the Coronavirus Provider Protection Act.
ATRA joined others in voicing objection to the EPA’s inclusion of certain experts in its evaluation of asbestos risk.
Judges across the country have now determined that climate lawsuits against oil and gas companies belong in state courts, writes Jennifer Hijazi of E&E News.
ATRA states its disappointment in the 9th Circuit Court of Appeals’ decision that certain public nuisance climate lawsuits can proceed in state court.
Business leaders and tort reform advocates have welcomed changes that will limit punitive damage awards in Missouri, John Lewis of the St. Louis Record writes.
The 9th Circuit Court of Appeals has an opportunity to redirect policy and push back on activist attorneys’ attempts to improperly expand public nuisance law. With Covid-19 public nuisance lawsuits coming, Tiger Joyce, president of the American Tort Reform Association, discusses the importance of the climate change lawsuit.