HB193 Summary: Commonsense Consumption Act

• Prohibits civil actions against food manufacturers, packers, distributors, carriers, holders, sellers, marketers, or advertisers for claims arising from weight gain, obesity, or health conditions associated with long-term food consumption.

• Creates two narrow exceptions allowing civil actions: (1) claims involving material violations of food adulteration or misbranding laws where the violation proximately caused injury, or (2) claims based on knowing and willful violations of other federal or state food laws applicable to manufacturing, marketing, distribution, advertising, labeling, or sale.

• Requires complaints alleging exceptions to state with particularity the applicable statute or law, each element of the cause of action with specific facts, and facts demonstrating proximate causation of actual injury.

• Stays discovery and all proceedings unrelated to motion to dismiss prior to filing or during pendency of motion to dismiss, except when court finds particularized discovery necessary to preserve evidence or prevent undue prejudice.

• Applies retroactively to all covered claims pending or filed on or after the effective date, regardless of when the claim arose.