COMMONSENSE CONSUMPTION ACT.

View NCGA Bill Details2013-2014 Session
House Bill 683 (Public) Filed Tuesday, April 9, 2013
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.
Intro. by B. Brown, Moffitt, Ramsey.

Status: Ch. SL 2013-309 (House Action) (Jul 18 2013)

SOG comments (1):

Long title change.

House committee substitute changes the long title. The original title is as follows:

A BILL TO BE ENTITLED AN ACT TO BAR CIVIL ACTIONS AGAINST PACKERS, DISTRIBUTORS, 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.

Bill History:

H 683/S.L. 2013-309

Bill Summaries:

  • Summary date: Jul 23 2013 - More information

    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. Enacted July 18, 2013. Section 1 is effective October 1, 2013. The remainder is effective July 18, 2013.


  • Summary date: Jun 27 2013 - More information

    Senate committee substitute makes the following changes to the 3rd edition.

    Amends GS 99E-43, subdivision (2), concerning certain claims arising from the long-term consumption of food, providing that GS 99E-42 does not preclude liability in a civil action when the claim is based on knowing and willful conduct applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food, in violation of any federal or state law, and the claimed injury was proximately caused by such violation (previously, language regarding the violation of federal or State law was not included).

     


  • Summary date: May 15 2013 - More information

    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).


  • Summary date: May 15 2013 - More information

    House committee substitute to the 1st edition makes the following changes. Amends proposed GS 99E-44 to remove the statement that nothing in the act is to be construed to apply to a manufacturer of food. Amends the act's long title.


  • Summary date: Apr 10 2013 - More information

    Adds a new Article 5, the Commonsense Consumption Act (CCA),in GS Chapter 99E. Sets limitations on liability of a packer, distributor, manufacturer, carrier, holder, seller, marketer, or advertiser of food as defined in section 201(f) of the federal Food, Drug, and Cosmetic Act, 21 USC �_ 321(f), or an association of one or more such entities for any claim arising our of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known conditions allegedly caused by or likely to result from long-term consumption of food.Provides that a health condition arising from a single instance of consumption is not considered to be a result from the long-term consumption of food.

    Provides for exceptions to the limit on liability, declaring that the liability limitation in new GS 99E-42 does not preclude liability in a civil action in which the claim arising from conditions arising from the long-term consumption of food meets either of the following: (1) an element of the cause of action is a material violation of an adulteration or misbranding requirement prescribed by a statute or rule of this state or the United States and the proximate cause of the claimed injury is the violationor (2) the claim is based on any other knowing and willful materialviolation 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.

    Provides that nothing in this Article is to be construed to to create any new claim, right of action, or civil liability not previously existing under state law. Provides additional guidelines regarding the construction of this Article and its applicability. Makes new Article 5 of GS Chapter 99 effective October 1, 2013, and applies to civil actions filed or pending on or after that date.

    Enacts GS 160A-203 (cities) and GS 153A-146 (counties) to prohibit cities and counties from enacting ordinances prohibiting the sale of soft drinks above a particular size. Defines soft drinkas having the meaning in GS 105-164.3.

    Except as otherwise indicated, effective when this act becomes law.


  • Summary date: Apr 9 2013 - More information

    To be summarized at a later date.


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