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,
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COVID-19 Lawsuit Protections Signed Into Law in Michigan
ATRA praises the passage of HB 6030 in Michigan, enacting COVID-19 liability protections.
Supreme Court of Pennsylvania Defies SCOTUS Precedent
ATRA’s statement on the Supreme Court of Pennsylvania’s ruling in Hammons v. Ethicon to allow an out-of-state lawsuit to continue, openly defying SCOTUS precedent.
Support for Johnson & Johnson’s Appeal In Massive Oklahoma Opioid Judgment
ATRA files amicus brief in support of Johnson & Johnson’s decision to appeal a 2019 $465 million judgment against the company, warning against the state attorney general’s expansive use of public nuisance law.
Lawsuit Abuse Awareness Week: This affects all of us
ATRA President Tiger Joyce spoke with Juliette Farley of the Southern California Record about Lawsuit Abuse Awareness Week and business interruption lawsuits.
First Ga. COVID-19 Business Interruption Ruling
ATRA President Tiger Joyce spoke with Rosie Manins of the Law360 about business interruption lawsuits in the wake of COVID-19.
Transparency A Priority For Montana AG Candidate
ATRA reports Montana attorney general candidate Austin Knudsen signed its AG Transparency Code pledge.