Exempted from civil liability manufacturers, distributors, sellers or advertisers of food [as defined in Section 201(f) of 21 U.S.C. 321(f)] when the claim is for weight gain, obesity, or other conditions resulting from the long-term consumption of food. The civil 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 exemptin also does not apply if the claimed injury is 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, S.B. 2379 provided that discovery and other roceedings shall be stayed during a motion to dismiss.
Obesity Litigation Reform: SB 2379 (2004)
Exempted from civil liability manufacturers, distributors, sellers or advertisers of
Latest News
View all news
Louisiana’s “Judicial Hellhole®” Status Costs Residents $965 Annually In “Tort Tax”
Nuclear Verdicts® and Insurance Fraud Plague State’s Legal System
King County Courts Named ‘Judicial Hellhole®’ for First Time
New Report Ranks Seattle-Area Courts Among Worst in US
Michigan’s Legal Climate Kills 97,000 Jobs Annually, New Report Reveals
$1,046/Person ‘Tort Tax’ — Court Expands Liability, Michiganders Pay
Show Me Your Lawsuit: St. Louis Ranks 7th in ‘Judicial Hellholes®’ Report
Courts Threaten Preemie Formula Access, Residents Pay $1,475/Person/Year ‘Tort Tax’
Cook County’s $21.3 Billion Problem: Lawsuit Abuse
Report Ranks County 6th Worst ‘Judicial Hellhole®’
California’s Judicial Hellhole® Status: Where Innovation Meets Litigation
Lawsuit Abuse Costs Every Californian $2,300 Annually, Kills 825,000 Jobs