HCS/HB 1115 - This act creates the "Commonsense Food Consumption Act". Certain manufacturers, distributors, sellers and advertisers of food are immune from civil liability for claims arising out of weight gain or obesity, or health conditions associated with weight gain or obesity. The provisions of this act shall not apply where there is a violation of misbranding or adulteration requirements which causes the injury, or to knowing violations of laws relating to the making or selling of food which caused the injury. In such allowable actions, the act sets out pleading requirements regarding the alleged violation. The act also requires that discovery shall be stayed during a motion to dismiss, provided certain conditions are met.

The provisions of this act shall apply to all claims pending on the effective date of the act and all subsequent claims. The act will become effective on January 1, 2005.

This act is similar to SB 1185 (2004).
JIM ERTLE