SF 3048

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; prohibiting actions against 
  1.3             certain persons for weight gain as a result of 
  1.4             consuming certain foods; proposing coding for new law 
  1.5             in Minnesota Statutes, chapter 604. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [604.17] [ACTIONS ALLEGING WEIGHT GAIN OR 
  1.8   OBESITY FROM FOOD CONSUMPTION.] 
  1.9      Subdivision 1.  [ACTIONS PROHIBITED.] An action may not be 
  1.10  brought against a manufacturer or seller of a food or a trade 
  1.11  association for a food to recover damages or obtain injunctive 
  1.12  relief for alleged injury resulting from consumption of food and 
  1.13  weight gain, obesity, or any health condition associated with 
  1.14  weight gain or obesity. 
  1.15     Subd. 2.  [ACTIONS PERMITTED.] Subdivision 1 does not 
  1.16  prohibit an action: 
  1.17     (1) against a manufacturer or seller of a food that 
  1.18  knowingly and willfully violated a state law applicable to the 
  1.19  manufacturing, marketing, distribution, advertisement, labeling, 
  1.20  or sale of the food, and the violation was a proximate cause of 
  1.21  injury related to a person's weight gain, obesity, or any health 
  1.22  condition associated with a person's weight gain or obesity; or 
  1.23     (2) an action for breach of express contract or express 
  1.24  warranty in connection with the purchase of food. 
  1.25     Subd. 3.  [PLEADINGS.] In an action described in 
  2.1   subdivision 2, the complaint must state with particularity each 
  2.2   and every state statute that was violated and the facts that 
  2.3   caused the alleged injuries. 
  2.4      Subd. 4.  [DISCOVERY IN CERTAIN ACTIONS.] In an action 
  2.5   described in subdivision 2, discovery and other proceedings must 
  2.6   be stayed during the pendency of a motion to dismiss unless the 
  2.7   court finds on motion of a party that particularized discovery 
  2.8   is necessary to preserve evidence or prevent undue prejudice to 
  2.9   that party.  During the pendency of a stay of discovery under 
  2.10  this subdivision, unless otherwise ordered by the court, a party 
  2.11  to the action with actual notice of the allegations contained in 
  2.12  the complaint shall treat all documents, data compilations 
  2.13  including electronically recorded or stored data, and tangible 
  2.14  objects that are in the control or custody of that party and 
  2.15  relevant to the allegations as if they were the subject of a 
  2.16  continuing request for production of documents from any opposing 
  2.17  party under the Rules of Civil Procedure.  A party aggrieved by 
  2.18  the failure of another party to comply with this subdivision may 
  2.19  apply to the court for an order awarding appropriate sanctions. 
  2.20     Sec. 2.  [EFFECTIVE DATE.] 
  2.21     Section 1 is effective August 1, 2004, and applies to 
  2.22  actions commenced on or after that date.