SB167 Summary

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

• Establishes two narrow exceptions allowing lawsuits: (1) claims involving material violations of food adulteration or misbranding requirements; and (2) claims based on knowing and willful violations of other federal or state food laws.

• Requires complaints in excepted cases to state with particularity the specific statute violated, each element of the cause of action, and facts demonstrating the violation proximately caused injury.

• Stays discovery proceedings in exempt actions until after a motion to dismiss is ruled on, unless the court finds discovery necessary to preserve evidence.

• Applies retroactively to all covered claims pending on the effective date and all claims filed thereafter, regardless of when the claim originated.