Obesity Litigation Reform: HB 107 (2005)

| November 15, 2016

Exempted from civil liability trade associations, livestock producers, agricultural producers

Exempted from civil liability trade associations, livestock producers, agricultural producers and manufacturers, sellers, marketers, distributors, and advertisers of food (as defined in 21 U.S.C. 321 (f);(g);(i)) 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. This liability exemption includes actions brought by a person other than the individual whose weight gain, obesity, or health condition the action is based. It also includes any derivative action brought by or on behalf of any individual or any representative, spouse, parent, child, or other relative or individual. The liability exemption does not apply for a 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. The liability exemption also does not prohibit an action from being brought under Chapter 431, Health Safety Code; or by the attorney general under Section 17.47, Business & Commerce Code. Provided that discovery and all other proceedings shall be stayed during a motion to dismiss.

Third Circuit Ruling Blocks Bankruptcy Proceedings for LTL Management

Press Releases

The American Tort Reform Association (ATRA) is disappointed to learn that the U.S. Court of Appeals for the Third Circuit ruled against LTL Management, LLC in a case regarding the […]

Trial lawyers target agriculture products in ‘Judicial Hellholes’

In The News

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 […]