CHAPTER 23. LIABILITY CONNECTED WITH CONSUMPTION OF FOOD AND BEVERAGES

IC 34-30-23

    

Chapter 23. Liability Connected With Consumption of Food and
Beverages

IC 34-30-23-1

Exemption from civil liability

    

Sec. 1. This chapter does not grant immunity from civil liability
with respect to a claim alleging that:

        (1) an adulteration or misbranding of food or a beverage
proximately caused the claimed injury, if the adulteration or
misbranding relates to a labeling or purity requirement under
state or federal law; or

        (2) a knowing and willful violation of federal or state law
applicable to the manufacturing, marketing, distribution,
labeling, or sale of food or a beverage proximately caused the
claimed injury, unless the alleged injury is unrelated to a
pregnancy and arises from:

            (A) weight gain;

            (B) obesity;

            (C) a health condition associated with weight gain or
obesity; or

            (D) a generally known condition allegedly:

                (i) caused by; or

                (ii) likely to result from;

            the long term consumption of food or beverages.

As added by P.L.77-2006, SEC.1.

IC 34-30-23-2

Applicability

    

Sec. 2. Section 3 of this chapter applies to the following:

        (1) A food or beverage manufacturer.

        (2) A food or beverage distributor.

        (3) A food or beverage carrier.

        (4) A person who stores food or beverages.

        (5) A food or beverage seller.

        (6) A food or beverage marketer.

        (7) A food or beverage advertiser or the advertising medium.

        (8) A person who prepares food or beverages.

        (9) A group or association containing more than one (1) of the
persons referred to in subdivisions (1) through (8).

As added by P.L.77-2006, SEC.1.

IC 34-30-23-3

Immunity from civil liability arising from a claim concerning the
long term consumption of food or beverages

    

Sec. 3. This section does not apply to weight gain associated with
pregnancy. A person or group or association of persons referred to
in section 2 of this chapter is immune from civil liability arising from
a claim concerning:

        (1) weight gain;

        (2) obesity;

        (3) a health condition associated with weight gain or obesity; or

        (4) a generally known condition:

            (A) allegedly caused by; or

            (B) allegedly likely to result from;

        the long term consumption of food or beverages.

As added by P.L.77-2006, SEC.1.