A BILL TO BE ENTITLED AN ACT TO BAR CIVIL ACTIONS AGAINST PACKERS, DISTRIBUTORS, MANUFACTURERS, CARRIERS, HOLDERS, SELLERS, MARKETERS, OR ADVERTISERS OF FOOD PRODUCTS THAT COMPLY WITH APPLICABLE STATUTORY AND REGULATORY REQUIREMENTS BASED ON CLAIMS ARISING OUT OF WEIGHT GAIN, OBESITY, A HEALTH CONDITION ASSOCIATED WITH WEIGHT GAIN OR OBESITY, OR OTHER GENERALLY KNOWN CONDITION ALLEGEDLY CAUSED BY OR ALLEGEDLY LIKELY TO RESULT FROM LONG-TERM CONSUMPTION OF FOOD; AND TO CLARIFY THAT LOCAL GOVERNMENTS MAY NOT REGULATE THE SIZE OF SOFT DRINKS OFFERED FOR SALE.
House amendment makes the following changes to the 2nd edition.
Amends the definition for knowing and willful conduct, found in GS 99E-41, to include conduct committed with reason to know there is a reasonable probability of injury to consumers.
Amends GS 99E-43, changing an exception to the limit on liability, declaring that the liability limitation in GS 99E-42 does not preclude liability in a civil action in which the claim originated from conditions likely to result from the long-term consumption of food and is based on knowing and willful conduct applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food and the claimed injury was proximately caused by such violation (previously, it was if the claim was based on knowing and willful material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food, providing that the proximate cause of the claimed injury is the violation).
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