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Congressional Legislation
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'To prevent legislative and regulatory functions from being usurped by civil liability actions brought or continued against food manufacturers, marketers, distributors, advertisers, sellers, and trade associations for claims of injury relating to a person''s weight gain, obesity, or any health condition associated with weight gain or obesity.'
Bill # H.R.339
Original Sponsor:
Ric Keller (R-FL 8th)
Cosponsor Total:
67
(last sponsor added 03/04/2004)
6 Democrats
61 Republicans
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About This Legislation:
3/10/2004--Passed House, amended. (There are 2 other summaries)
Personal Responsibility in Food Consumption Act - Prohibits new and dismisses pending civil actions by any person against a manufacturer or seller of food or a trade association for any injury resulting from a person's consumption of food and weight gain, obesity, or any associated health condition, excluding actions alleging: (1) a knowing and willful violation of a Federal or State statute applicable to the manufacturing, marketing, distribution, advertisement, labeling, or sale of food where the violation was a proximate cause of injury related to a person's weight gain, obesity, or related health condition; (2) a breach of express contract or express warranty in connection with the purchase of food; or (3) a violation under the Federal Trade Commission Act or the Federal Food, Drug, and Cosmetic Act.
Requires: (1) a stay of discovery during the pendency of a motion to dismiss an action described in clause 1 or 2 above, unless necessary to preserve evidence or to prevent undue prejudice; and (2) document preservation during the stay. Requires the complaint in an action described in clause 1 above to plead with particularity the Federal and State statutes that were allegedly violated and the facts that are alleged to have proximately caused the injury claimed.
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Detailed,
up-to-date bill status information on H.R.339.
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