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
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