Obesity Litigation Reform: HB 5809 (2004)

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Exempted from civil liability manufacturers, packers, distributors, carriers, holders, sellers,


Exempted from civil liability manufacturers, packers, distributors, carriers, holders, sellers, marketers, promoters, or advertisers of food (as defined in 21 U.S.C. 321) or an association of one or more such entities when the claim is for weight gain, obesity, or a health condition associated with weight gain or obesity. The liability exemption does not apply if the claim is based on a material violation of a state or federal adulteration or misbranding requirement. 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. Finally, H.B. 5809 specified that the state is prohibited from filing obesity lawsuits.

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