HB242 - Commonsense Consumption Act

• Prohibits civil actions against food industry entities (packers, distributors, manufacturers, carriers, sellers, marketers, advertisers) for claims arising from weight gain, obesity, or health conditions allegedly caused by long-term food consumption, provided they comply with applicable laws.

• Creates two limited exceptions allowing civil actions: (1) claims alleging material violations of food adulteration or misbranding requirements, or (2) claims based on knowing and willful violations of federal or state food laws, if the violation proximately caused the claimed injury.

• Requires complaints in excepted cases to state with particularity the specific statute or law violated, each element of the cause of action, specific facts demonstrating proximate causation, and (for knowing and willful violations) facts supporting intent to deceive or injure consumers.

• Stays all discovery and non-dismissal proceedings prior to and during the pendency of motions to dismiss, unless the court finds that a particularized discovery response is necessary to preserve evidence or prevent undue prejudice.

• Applies retroactively to all covered claims pending on the effective date and all subsequently filed claims, regardless of when the claim arose; becomes effective immediately upon passage and approval.