Obesity Litigation Reform: S.B. 80 (2004)

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Exempted from civil liability manufacturers, marketers, distributors, advertisers, sellers, suppliers

Exempted from civil liability manufacturers, marketers, distributors, advertisers, sellers, suppliers of a qualified product (defined as articles used for food or drink for a human being or other animal; chewing gum; articles used for components of the previously listed products) or a trade association when the claims is based on cumulative consumption, weight gain, obesity, or a health condition related to cumulative consumption, weight gain, or obesity.  Provided that a party that prevails on a motion to dismiss may recover reasonable attorney fees and costs associated with the motion to dismiss.  The liability exemption does not apply for any material violation of federal or state law applicable to the manufacturing, marketing, supplying, distribution, advertising, labeling, or sale of a qualified product and the violation was committed knowingly and willfully.  The provisions of the bill do not preclude civil liability for breach of express contract or express warranty in connection with the purchase of a qualified food product.  H.B. 1519 provided that discovery and all other proceedings shall be stayed during a motion to dismiss and that a party that prevails on a motion to dismiss may recover reasonable attorney fees and costs.

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