Obesity Litigation Reform: HB 1519 (2004)
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.
Latest News
View all news
Congressional Hearing on Bankruptcy to Address Mass Tort Litigation
ATRA Reiterates Support for Chapter 11 Bankruptcy Use to Address Mass Tort Litigation, Urges Meaningful Dialogue Amid Senate Judiciary Committee Hearing
Climate Lawsuits Don’t Belong In State Courts
By maintaining the clear distinction between the judiciary and policymaking, the court can help us navigate this critical issue with prudence and responsibility, safeguarding a sustainable future for all.
House Oversight Hearing on Third-Party Litigation Financing Applauded by ATRA
The lack of oversight and transparency around third-party litigation funding threatens the integrity of our legal system
Georgia Legislature Needs to Address Lawsuit Abuses
Together, let’s forge a legal landscape that makes equitable access to justice a living reality for all Georgians.
Private Attorneys Hired by State Should Not Reap a Windfall at Taxpayers’ Expense
This is an opportunity to reassess the practices and regulations surrounding private-attorney contracting and to enact reforms that promote fairness, transparency and value for taxpayer dollars.
ATRA Applauds 4th Circuit’s Denial of En Banc Review in Bestwall Litigation
Allowing the company to continue the bankruptcy process will help ensure equitable and efficient resolution in complex mass tort claims