SF 631

1st Engrossment - 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] WEIGHT GAIN CIVIL LIABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section the following terms
have the meanings given.
new text end

new text begin (b) "Food" means articles used for food or drink for human consumption and articles
used for components of any such article. It does not include tobacco or tobacco products.
new text end

new text begin (c) "Long-term consumption" means the cumulative effect of the consumption of
food or nonalcoholic beverages, and not the effect of a single instance of consumption.
new text end

new text begin (d) "Party" means an individual, corporation, company, association, firm, partnership,
society, joint stock company, or any other entity, including any governmental entity.
new text end

new text begin Subd. 2. new text end

new text begin Immunity from civil liability. new text end

new text begin A producer, grower, manufacturer, packer,
distributor, carrier, holder, marketer, or seller of a food or nonalcoholic beverage intended
for human consumption, or an association of one or more of such entities, shall not be
subject to civil liability based on any individual's or group of individuals' purchase or
consumption of food or nonalcoholic beverages in cases where liability arises from weight
gain, obesity, or a health condition associated with weight gain or obesity and resulting
from the individual's or group of individuals' long-term purchase or consumption of a
food or nonalcoholic beverage.
new text end

new text begin Subd. 3. new text end

new text begin Actions permitted. new text end

new text begin Subdivision 2 does not apply to a claim of weight
gain or obesity that is based on:
new text end

new text begin (1) a material violation of an adulteration or misbranding requirement prescribed
by state or federal statute, rule, or regulation and the claimed injury was proximately
caused by the violation; or
new text end

new text begin (2) any other material violation of federal or state law applicable to the
manufacturing, marketing, distribution, advertising, labeling, or sale of food, if the
violation is knowing and willful, and the claimed injury was proximately caused by the
violation.
new text end