Senate Bill 2910

AN ACT TO PREVENT FRIVOLOUS LAWSUITS AGAINST MANUFACTURERS, PACKERS, DISTRIBUTORS, CARRIERS, HOLDERS, SELLERS, MARKETERS OR ADVERTISERS OF FOOD PRODUCTS THAT COMPLY WITH APPLICABLE STATUTORY AND REGULATORY REQUIREMENTS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act may be cited as the "Commonsense Consumption Act."

SECTION 2. (1) Prevention of frivolous lawsuits. Except as exempted in subsection (2) of this section, a manufacturer, packer, distributor, carrier, holder, seller, marketer or advertiser of a 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, shall not be subject to civil liability arising under any law of Mississippi (including all statutes, regulations, rules, common law, public policies, court or administrative decisions or decrees, or other state action having the effect of law) for any claim 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.

(2) Exemption. Subsection (1) of this section shall not preclude civil liability where the claim of weight gain, obesity, 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 is based on (a) a material violation of an adulteration or misbranding requirement prescribed by state or federal statute or regulation and the claimed injury was proximately caused by such violation; or (b) any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling or sale of food.

(3) Definitions. For purposes of this act, the following words and phrases shall have the meanings ascribed unless the context clearly requires otherwise:

(a) "Claim" means any claim by or on behalf of natural person, as well as any derivative or other claim arising therefrom asserted by or on behalf of any other person.

(b) "Other person" means any individual, corporation, company, association, firm, partnership, society, joint-stock company or any other entity, including any governmental entity or private attorney.

(c) "Generally known condition allegedly caused by or allegedly likely to result from long-term consumption" means a condition generally known to result or to likely result from the cumulative effect of consumption, and not from a single instance of consumption.

(d) "Violation of federal or state law" means that (i) the conduct constituting the violation was committed with the intent to deceive or injure consumers or with actual knowledge that such conduct was injurious to consumers; and (ii) the conduct constituting the violation was not required by regulations, orders, rules or other pronouncement of, or any statute administered by, a federal, state or local government agency.

(4) Pleading requirements. In any action exempted under subsection (2)(a) of this section, the complaint initiating the action shall state with particularity the following: the statute, regulation or other law of the State of Mississippi or of the United States that was allegedly violated; the facts that are alleged to constitute a material violation of such statute or regulation; and the facts alleged to demonstrate that such violation proximately caused actual injury to the plaintiff. In any action exempted under subsection (2)(b) of this section, in addition to the foregoing pleading requirements, the complaint initiating such action shall state with particularity facts sufficient to support a reasonable inference that the violation was with intent to deceive or injure consumers or with the actual knowledge that such violation was injurious to consumers. For purposes of applying this act, the foregoing pleading requirements are hereby deemed part of the substantive law of the State of Mississippi and not merely in the nature of procedural provisions. The requirements of actual injury and proximate causation set forth in this subsection (4) shall apply, notwithstanding any other law which may be inconsistent with or contrary to such requirements.

SECTION 3. The provisions of this act shall apply to all covered claims pending on the date of the effective date and all claims filed thereafter, regardless of when the claim arose.

SECTION 4. This act shall take effect and be in force from and after its passage.