Obesity Litigation Reform: SB 214 (2004)

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


Exempted from civil liability manufacturers, packers, distributors, carriers, holders,
marketers, advertisers of food, or an association of one or more such entities when the claim is for obesity or weight gain resulting from the consumption of food. The liability exemption does not apply if the claim is based on a material violation of federal or state adulteration or misbranding requirements or any other material violation of applicable federal or state law related to the marketing, manufacturing, distribution, advertising, labeling or sale of food that was committed knowingly and willfully. The bill defined food as any raw, cooked, or processed edible substance, beverage, or ingredient for use or for sale, but does not include tobacco products, alcohol products, vitamins/dietary supplements, illegal drugs, or prescription/over-the-counter drugs. In addition, it provided for a stay of discovery during a motion to dismiss.

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