Obesity Litigation Reform: SB 103 (2005)

| November 15, 2016

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

Exempted from civil liability manufacturers, packers, distributors, carriers, holders, sellers, marketers, or advertisers of food, as defined in KRS 217.125 or 21 U.S.C. 321, for claims arising out of weight gain, obesity, health conditions 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 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. Provided that discovery and all other proceedings shall be stayed during a motion to dismiss.