Obesity Litigation Reform: HB 590 (2004) - ATRA

Obesity Litigation Reform: HB 590 (2004)

| November 15, 2016

Provided a civil liability exemption for a manufacturer, packer, distributor,

Provided a civil liability exemption for a manufacturer, packer, distributor, carrier, holder, seller, marketer or advertiser of a food or beverage, when the claim is for weight gain, obesity, a health condition associated with weight gain or obesity, or any other generally known condition allegedly caused by or allegedly likely to result from longterm consumption of food. The liability exemption does not apply if the claim is based on a material violation of state or federal law with respect to adulteration or misbranding. The liability exemption also does not apply if the claimed injury is for any other material violation of federal or state law applicable to the manufacturing, marketing, distributing, advertising, labeling or the sale of food and that the violation was committed knowingly and willfully. In addition, it provided that discovery and other proceedings shall be stayed during any motion to dismiss.

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