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2005 SESSION

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HB 1617 Litigation Reduction and Consumer Personal Responsibility Act of 2005; created.

Introduced by: William R. Janis | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Civil immunity; manufacturers and sellers of qualified food products. Immunizes manufacturers and sellers of qualified food products from claims arising from an injury, potential injury or death resulting from consumption of a food product and weight gain, obesity or any health condition related to weight gain or obesity. Manufacturers and sellers also are exempted from liability for injury to or the death of a voluntary user of a product, where the injury is caused by an open and obvious danger of the product. "Qualified food products" are those defined in § 201(f) of the federal Food, Drug and Cosmetic Act (21 U.S.C. 321 (f)). Products having an "open and obvious danger" include tobacco products and firearms.

SUMMARY AS INTRODUCED:

Virginia Litigation Reduction and Consumer Personal Responsibility Act of 2005.  Provides that a product liability action may not be asserted against a manufacturer or seller of a qualified food product where the claim arises from an injury, potential injury or death resulting from consumption of a food product and weight gain, obesity or any health condition related to weight gain or obesity.  Manufacturers and sellers also are exempted from liability from injury to or the death of a voluntary user of a product, where the injury is caused by an open and obvious danger of the product.  "Qualified food products" are those defined in § 201(f) of the federal Food, Drug and Cosmetic Act (21 U.S.C. 321 (f)).  Products having an "open and obvious danger" include tobacco products and firearms.