SB100 Summary - Commonsense Consumption Act

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

• Allows exceptions for lawsuits involving material violations of adulteration or misbranding requirements prescribed by state or federal statute, where the violation proximately caused the injury.

• Permits civil actions based on knowing and willful violations of federal or state law applicable to food manufacturing, marketing, distribution, advertising, labeling, or sale, provided the violation was committed with intent to deceive or injure consumers or with actual knowledge of harm.

• Requires complaints in exempted actions to state with particularity the applicable law, each element of the cause of action, specific facts demonstrating proximate cause, and for knowing violations, sufficient facts to support a reasonable inference of deceptive or injurious intent.

• Stays all discovery and proceedings unrelated to dismissal motions until the motion to dismiss is resolved, except when the court finds particularized discovery necessary to preserve evidence; applies retroactively to all pending and future claims.