Obesity Litigation Reform: HB 1519 (2004)

| November 15, 2016

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

Exempted from civil liability manufacturers, packers, distributors, carriers,holders, sellers, marketers, or advertisers of food (as defined in Title 21 U.S.C. Section 301, et seq., 52 Stat. Section 1040, et seq.) 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 resulting from the long-term consumption of food. 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. Finally, H.B. 1519 provided that discovery and all other proceedings shall be stayed during a motion to dismiss.