HF 118

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil actions; prohibiting actions against
certain persons for weight gain as a result of
consuming certain foods; proposing coding for new law
in Minnesota Statutes, chapter 604.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [604.17] ACTIONS ALLEGING WEIGHT GAIN OR
OBESITY FROM FOOD CONSUMPTION.
new text end

new text begin Subdivision 1. new text end

new text begin Actions prohibited. new text end

new text begin An action may not be
brought against a manufacturer or seller of a food or a trade
association for a food to recover damages or obtain injunctive
relief for alleged injury resulting from consumption of food and
weight gain, obesity, or any health condition associated with
weight gain or obesity.
new text end

new text begin Subd. 2. new text end

new text begin Actions permitted. new text end

new text begin Subdivision 1 does not
prohibit an action:
new text end

new text begin (1) against a manufacturer or seller of a food that
knowingly and willfully violated a state law applicable to the
manufacturing, marketing, distribution, advertisement, labeling,
or sale of the food, and the violation was a proximate cause of
injury related to a person's weight gain, obesity, or any health
condition associated with a person's weight gain or obesity; or
new text end

new text begin (2) an action for breach of express contract or express
warranty in connection with the purchase of food.
new text end

new text begin Subd. 3. new text end

new text begin Pleadings. new text end

new text begin In an action described in
subdivision 2, the complaint must state with particularity each
and every state statute that was violated and the facts that
caused the alleged injuries.
new text end

new text begin Subd. 4. new text end

new text begin Discovery in certain actions. new text end

new text begin (a) In an action
described in subdivision 2, discovery and other proceedings must
be stayed during the pendency of a motion to dismiss unless the
court finds on motion of a party that particularized discovery
is necessary to preserve evidence or prevent undue prejudice to
that party.
new text end

new text begin (b) During the pendency of a stay of discovery under this
subdivision, unless otherwise ordered by the court, a party to
the action with actual notice of the allegations contained in
the complaint shall treat every tangible object or document in
that party's control or custody that is relevant to the
allegations as if the object or document was the subject of a
continuing request for production of documents from any opposing
party under the Rules of Civil Procedure. "Document" includes
any written or electronically recorded or stored compilation of
data.
new text end

new text begin (c) A party aggrieved by the failure of another party to
comply with this subdivision may apply to the court for an order
awarding appropriate sanctions.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective August 1, 2005, and applies to
actions commenced on or after that date.
new text end