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NC H683
Bill
Status
7/18/2013
Primary Sponsor
Brian Brown
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AI Summary
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Prohibits civil lawsuits against food manufacturers, distributors, sellers, and advertisers for claims arising from weight gain, obesity, or health conditions allegedly caused by long-term food consumption, effective October 1, 2013.
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Creates two exceptions allowing lawsuits to proceed: claims involving material violations of food adulteration or misbranding laws, or claims based on knowing and willful violations of state or federal food laws.
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Defines "knowing and willful conduct" as conduct intended to deceive consumers, conducted with actual knowledge of injury, or conducted with reason to know of probable consumer injury, and not required by government regulations.
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Prohibits North Carolina cities and counties from enacting ordinances that restrict the sale of soft drinks above a particular size, though ordinances regulating sanitation or operational aspects of soft drink dispensing devices remain permitted.
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Does not create new claims or civil liabilities and does not interfere with government agencies' authority to find violations of food adulteration or misbranding laws.
Legislative Description
Commonsense Consumption Act
Last Action
Ch. SL 2013-309
7/18/2013