SB 408 - AS INTRODUCED
2004 SESSION
06/01
SENATE BILL 408
AN ACT relative to a civil liability exemption for claims resulting from weight gain and obesity.
SPONSORS: Sen. Odell, Dist 8; Sen. Roberge, Dist 9; Sen. Foster, Dist 13; Rep. Brady, Coos 2; Rep. Spiess, Hills 47; Rep. Liebl, Ches 27
This bill exempts food manufacturers, marketers, packers, distributors, advertisers, and sellers from civil liability for an individual's weight gain or obesity or for a health condition related to the weight gain or obesity.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04-3128
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Four
AN ACT relative to a civil liability exemption for claims resulting from weight gain and obesity.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Liability Limitation for Manufacturers, Distributors, Marketers, Packers, Advertisers, and Sellers of Food. Amend RSA 508 by inserting after section 21 the following new section:
508:22 Liability Limited; Manufacturers, Distributors, Marketers, Packers, Advertisers, and Sellers of Food.
I. Any person who manufactures, markets, packs, distributes, advertises, or sells food, as defined in Section 201 (f) of the federal Food, Drug, and Cosmetic Act, 21 U.S.C. 321 (f), shall be immune from civil liability for an individual's weight gain or obesity caused by the consumption of the food, or for a health condition related to weight gain or obesity.
II. This section shall not apply to:
(a) A claim that a defendant knowingly violated a federal or state law concerning the manufacturing, marketing, distribution, advertisement, labeling, or sale of the food, and the violation was the proximate cause of the weight gain, obesity, or related health condition.
(b) A claim for breach of contract or express warranty in connection with the purchase of the food.
(c) A claim regarding the sale of food that is adulterated under 21 U.S.C. 342.
2 Effective Date. This act shall take effect January 1, 2005.