Article 48.--IMMUNITY FROM LIABILITY FOR CLAIMS OF OBESITY
60-4801.Immunity from liability for claims arisingout of weight gain or obesity.(a) Except as provided in subsection (b), a manufacturer,producer, packer,distributor, carrier, holder, seller, marketer, or advertiser of a food (asdefined in Section 201 (f) of the federal food, drug and cosmetic act (21U.S.C.321 (f)) as of the effective date of this act), or an association of one ormoresuch entities, shall not be subject to civil liability for any claim arisingout of weight gain, obesity, a health condition associated with weight gain orobesity, or other generally known condition allegedly caused by or allegedlylikely to result from long-term consumption of food.
(b) Subsection (a) shall not preclude civil liability where the claim ofweight gain, obesity, health condition associated with weight gain or obesity,or other generally known condition allegedly caused by or allegedly likely toresult from long-term consumption of food is based on:
(1) A material violation of an adulteration or misbranding requirementprescribed by statute or rules and regulations of this state or of the UnitedStates and the claimed injury was proximately caused by such violation; or
(2) any other material violation of the federalfood, drug and cosmetic act as of theeffective date of this actor state law applicable to themanufacturing, marketing, distribution, advertising, labeling or sale of food,provided that such violation is knowing and willful and the claimed injury wasproximately caused by such violation.
(c) As used in this section:
(1) "Claim" means any claim by or on behalf of a natural person, as well asany other claim lawfully asserted by or on behalf of such person.
(2) "Generally known condition allegedly caused by or allegedly likely toresult from long-term consumption of food" means a condition generally known toresultor reasonably likely to result from the cumulative effect of consumptionof food. For the purposes of this definition only,the term "food" shall not include a food additive (as defined in Section201(s)) of the federal food, drug and cosmetic act (21 U.S.C. 321(s)) as ofthe effective date of this act.
(3) "Knowing and willful" means that: (A) The conduct constituting theviolation was committed with the intent todeceive or injure consumers or with actual knowledge that such conduct wasinjurious to consumers; and (B) the conduct constituting the violation was notrequired by state, federal, or local laws, rules and regulations, resolutionsor ordinances.
(d) In any action exempted under subsection (b), the complaint initiatingsuch action shall state with particularity the following: The statute, rulesand regulations or other law of this state or of the United States that wasallegedly violated; the facts that are alleged to constitute a materialviolation of such statute or rules and regulations, and the facts alleged todemonstrate that such violation proximately caused actual injury to theplaintiff. In any action exempted under subsection (b) (2), in addition to theforegoing pleading requirements, the complaint initiating such action shallstate with particularity facts sufficient to support a reasonable inferencethatthe individualrequirements in subsection (b)(2) have been satisfied.
(e) In any action exempted undersubsection (b), all discovery and other proceedings shall be stayed during thependency of any motion to dismiss unlessthe court finds upon the motion of any party that discovery is necessary topreserve evidence or to prevent undue prejudice to that party.
(f) The provisions of this section shall apply to all covered claimsfiled after the effective date of this act, regardless of when the claimarose.
Article 48.--IMMUNITY FROM LIABILITY FOR CLAIMS OF OBESITY
60-4801.Immunity from liability for claims arisingout of weight gain or obesity.(a) Except as provided in subsection (b), a manufacturer,producer, packer,distributor, carrier, holder, seller, marketer, or advertiser of a food (asdefined in Section 201 (f) of the federal food, drug and cosmetic act (21U.S.C.321 (f)) as of the effective date of this act), or an association of one ormoresuch entities, shall not be subject to civil liability for any claim arisingout of weight gain, obesity, a health condition associated with weight gain orobesity, or other generally known condition allegedly caused by or allegedlylikely to result from long-term consumption of food.
(b) Subsection (a) shall not preclude civil liability where the claim ofweight gain, obesity, health condition associated with weight gain or obesity,or other generally known condition allegedly caused by or allegedly likely toresult from long-term consumption of food is based on:
(1) A material violation of an adulteration or misbranding requirementprescribed by statute or rules and regulations of this state or of the UnitedStates and the claimed injury was proximately caused by such violation; or
(2) any other material violation of the federalfood, drug and cosmetic act as of theeffective date of this actor state law applicable to themanufacturing, marketing, distribution, advertising, labeling or sale of food,provided that such violation is knowing and willful and the claimed injury wasproximately caused by such violation.
(c) As used in this section:
(1) "Claim" means any claim by or on behalf of a natural person, as well asany other claim lawfully asserted by or on behalf of such person.
(2) "Generally known condition allegedly caused by or allegedly likely toresult from long-term consumption of food" means a condition generally known toresultor reasonably likely to result from the cumulative effect of consumptionof food. For the purposes of this definition only,the term "food" shall not include a food additive (as defined in Section201(s)) of the federal food, drug and cosmetic act (21 U.S.C. 321(s)) as ofthe effective date of this act.
(3) "Knowing and willful" means that: (A) The conduct constituting theviolation was committed with the intent todeceive or injure consumers or with actual knowledge that such conduct wasinjurious to consumers; and (B) the conduct constituting the violation was notrequired by state, federal, or local laws, rules and regulations, resolutionsor ordinances.
(d) In any action exempted under subsection (b), the complaint initiatingsuch action shall state with particularity the following: The statute, rulesand regulations or other law of this state or of the United States that wasallegedly violated; the facts that are alleged to constitute a materialviolation of such statute or rules and regulations, and the facts alleged todemonstrate that such violation proximately caused actual injury to theplaintiff. In any action exempted under subsection (b) (2), in addition to theforegoing pleading requirements, the complaint initiating such action shallstate with particularity facts sufficient to support a reasonable inferencethatthe individualrequirements in subsection (b)(2) have been satisfied.
(e) In any action exempted undersubsection (b), all discovery and other proceedings shall be stayed during thependency of any motion to dismiss unlessthe court finds upon the motion of any party that discovery is necessary topreserve evidence or to prevent undue prejudice to that party.
(f) The provisions of this section shall apply to all covered claimsfiled after the effective date of this act, regardless of when the claimarose.
Article 48.--IMMUNITY FROM LIABILITY FOR CLAIMS OF OBESITY
60-4801.Immunity from liability for claims arisingout of weight gain or obesity.(a) Except as provided in subsection (b), a manufacturer,producer, packer,distributor, carrier, holder, seller, marketer, or advertiser of a food (asdefined in Section 201 (f) of the federal food, drug and cosmetic act (21U.S.C.321 (f)) as of the effective date of this act), or an association of one ormoresuch entities, shall not be subject to civil liability for any claim arisingout of weight gain, obesity, a health condition associated with weight gain orobesity, or other generally known condition allegedly caused by or allegedlylikely to result from long-term consumption of food.
(b) Subsection (a) shall not preclude civil liability where the claim ofweight gain, obesity, health condition associated with weight gain or obesity,or other generally known condition allegedly caused by or allegedly likely toresult from long-term consumption of food is based on:
(1) A material violation of an adulteration or misbranding requirementprescribed by statute or rules and regulations of this state or of the UnitedStates and the claimed injury was proximately caused by such violation; or
(2) any other material violation of the federalfood, drug and cosmetic act as of theeffective date of this actor state law applicable to themanufacturing, marketing, distribution, advertising, labeling or sale of food,provided that such violation is knowing and willful and the claimed injury wasproximately caused by such violation.
(c) As used in this section:
(1) "Claim" means any claim by or on behalf of a natural person, as well asany other claim lawfully asserted by or on behalf of such person.
(2) "Generally known condition allegedly caused by or allegedly likely toresult from long-term consumption of food" means a condition generally known toresultor reasonably likely to result from the cumulative effect of consumptionof food. For the purposes of this definition only,the term "food" shall not include a food additive (as defined in Section201(s)) of the federal food, drug and cosmetic act (21 U.S.C. 321(s)) as ofthe effective date of this act.
(3) "Knowing and willful" means that: (A) The conduct constituting theviolation was committed with the intent todeceive or injure consumers or with actual knowledge that such conduct wasinjurious to consumers; and (B) the conduct constituting the violation was notrequired by state, federal, or local laws, rules and regulations, resolutionsor ordinances.
(d) In any action exempted under subsection (b), the complaint initiatingsuch action shall state with particularity the following: The statute, rulesand regulations or other law of this state or of the United States that wasallegedly violated; the facts that are alleged to constitute a materialviolation of such statute or rules and regulations, and the facts alleged todemonstrate that such violation proximately caused actual injury to theplaintiff. In any action exempted under subsection (b) (2), in addition to theforegoing pleading requirements, the complaint initiating such action shallstate with particularity facts sufficient to support a reasonable inferencethatthe individualrequirements in subsection (b)(2) have been satisfied.
(e) In any action exempted undersubsection (b), all discovery and other proceedings shall be stayed during thependency of any motion to dismiss unlessthe court finds upon the motion of any party that discovery is necessary topreserve evidence or to prevent undue prejudice to that party.
(f) The provisions of this section shall apply to all covered claimsfiled after the effective date of this act, regardless of when the claimarose.
