Obesity Litigation Reform: SB 75 (2005)

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


Exempted from civil liability manufacturers, producers, packers, distributors, carriers, holders, sellers, marketers, and advertisers of food (as defined in 21 U.S.C. 321) or an association of one or more such entities for claims arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known conditions allegedly caused or likely to result from the long-term consumption of food. The liability exemption does not apply if the claim is based on a material violation of a 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.

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More Work Remains on Tort Reform

This letter-to-the-editor was originally published by The Herald-Dispatch in Huntington, WV. West Virginia was a mainstay on the American Tort Reform Foundation’s “Judicial Hellholes®” list for nearly 20 years, finally […]