[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1428 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1428
To prohibit civil liability actions from being brought or continued
against food manufacturers, marketers, distributors, advertisers,
sellers, and trade associations for damages or injunctive relief for
claims of injury resulting from a person's weight gain, obesity, or any
health condition related to weight gain or obesity.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 17, 2003
Mr. McConnell introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit civil liability actions from being brought or continued
against food manufacturers, marketers, distributors, advertisers,
sellers, and trade associations for damages or injunctive relief for
claims of injury resulting from a person's weight gain, obesity, or any
health condition related to weight gain or obesity.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commonsense Consumption Act of
2003''.
SEC. 2. PROHIBITION ON BRINGING OF QUALIFIED CIVIL LIABILITY ACTIONS IN
FEDERAL OR STATE COURT.
(a) In General.--A qualified civil liability action may not be
brought in any Federal or State court.
(b) Dismissal of Pending Actions.--A qualified civil liability
action that is pending on the date of the enactment of this Act shall
be dismissed immediately by the court in which the action was brought
or is currently pending.
SEC. 3. DEFINITIONS.
In this Act:
(1) Engaged in the business.--The term ``engaged in the
business'' means a person who manufactures, markets,
distributes, advertises, or sells a qualified product in the
person's regular course of trade or business.
(2) Manufacturer.--The term ``manufacturer'' means, with
respect to a qualified product, a person who is lawfully
engaged in the business of manufacturing the product in
interstate or foreign commerce.
(3) Person.--The term ``person'' means any individual,
corporation, company, association, firm, partnership, society,
joint stock company, or any other entity, including any
governmental entity.
(4) Qualified product.--The term ``qualified product''
means a food (as defined in section 201(f) of the Federal Food
Drug and Cosmetic Act (21 U.S.C. 321(f)).
(5) Qualified civil liability action.--The term ``qualified
civil liability action'' means a civil action brought by any
person against a manufacturer or seller of a qualified product,
or a trade association, for damages or injunctive relief based
on a claim of injury resulting from a person's weight gain,
obesity, or any health condition that is related to weight gain
or obesity, but shall not include--
(A) an action in which a manufacturer or seller of
a qualified product knowingly and willfully violated a
Federal or State statute applicable to the
manufacturing, marketing, distribution, advertisement,
labeling, or sale of the product, and the violation was
a proximate cause of the claim of injury resulting from
a person's weight gain, obesity, or health condition
related to weight gain or obesity;
(B) an action for breach of contract or express
warranty in connection with the purchase of a qualified
product; or
(C) an action regarding the sale of a qualified
product which is adulterated (as described in section
402 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 342)).
(6) Seller.--The term ``seller'' means, with respect to a
qualified product, a person lawfully engaged in the business of
marketing, distributing, advertising, or selling a qualified
product in interstate or foreign commerce.
(7) State.--The term ``State'' includes each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands,
and any other territory or possession of the United States, and
any political subdivision of any such place.
(8) Trade association.--The term ``trade association''
means any association or business organization (whether or not
incorporated under Federal or State law) that is not operated
for profit, and 2 or more members of which are manufacturers,
marketers, distributors, advertisers, or sellers of a qualified
product.
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