Personal Responsibility in Food Consumption Act - Prohibits new and dismisses pending civil actions by any person against a manufacturer or seller of food or a trade association for any injury resulting from a person's consumption of food and weight gain, obesity, or any associated health condition, excluding actions alleging: (1) a knowing and willful violation of a Federal or State statute applicable to the manufacturing, marketing, distribution, advertisement, labeling, or sale of food where the violation was a proximate cause of injury related to a person's weight gain, obesity, or related health condition; (2) a breach of express contract or express warranty in connection with the purchase of food; or (3) a violation under the Federal Trade Commission Act or the Federal Food, Drug, and Cosmetic Act.
Requires: (1) a stay of discovery during the pendency of a motion to dismiss an action described in clause 1 or 2 above, unless necessary to preserve evidence or to prevent undue prejudice; and (2) document preservation during the stay. Requires the complaint in an action described in clause 1 above to plead with particularity the Federal and State statutes that were allegedly violated and the facts that are alleged to have proximately caused the injury claimed.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 339 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 339
To prevent frivolous lawsuits against the manufacturers, distributors,
or sellers of food or non-alcoholic beverage products that comply with
applicable statutory and regulatory requirements.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 27, 2003
Mr. Keller (for himself, Mr. Ney, Mr. Graves, Mr. Tiberi, Mrs. Biggert,
Mr. Crenshaw, and Mr. Peterson of Minnesota) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prevent frivolous lawsuits against the manufacturers, distributors,
or sellers of food or non-alcoholic beverage products that comply with
applicable statutory and regulatory requirements.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Personal Responsibility in Food
Consumption Act''.
SEC. 2. LITIGATION MANAGEMENT FOR MANUFACTURERS, DISTRIBUTORS, AND
SELLERS OF FOOD AND NON-ALCOHOLIC BEVERAGE PRODUCTS THAT
COMPLY WITH APPLICABLE STATUTORY AND REGULATORY
REQUIREMENTS.
(a) Prevention of Frivolous Lawsuits.--The manufacturer,
distributor, or seller of a food or non-alcoholic beverage product
intended for human consumption shall not be subject to civil liability,
in Federal or State court, whether stated in terms of negligence,
strict liability, absolute liability, breach of warranty, or State
statutory cause of action, relating to consumption of food or non-
alcoholic beverage products unless the plaintiff proves that, at the
time of sale, the product was not in compliance with applicable
statutory and regulatory requirements.
(b) Effective Date.--This Act shall take effect on the date of the
enactment of this Act and shall apply to any civil action described in
subsection (a), unless a trial or retrial with regard to that civil
action has commenced as of that date.
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POSTPONED VOTE - At the conclusion of debate on the Andrews amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Andrews demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
DEBATE - The Committee of the Whole proceeded with debate on the Inslee amendment under the five-minute rule.
DEBATE - The Committee of the Whole proceeded with debate on the Ackerman amendment under the five-minute rule.
POSTPONED VOTE - At the conclusion of debate on the Ackerman amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Ackerman demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
DEBATE - The Committee of the Whole proceeded with debate on the Lampson amendment under the five-minute rule.
DEBATE - The Committee of the Whole proceeded with debate on the Jackson-Lee amendment under the five-minute rule.
DEBATE - The Committee of the Whole proceeded with debate on the Jackson-Lee amendment under the five-minute rule.
POSTPONED VOTE - At the conclusion of debate on the Jackson-Lee amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Ms. Jackson-Lee demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
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DEBATE - The Committee of the Whole proceeded with debate on the Watt amendment under the five-minute rule.
POSTPONED VOTE - At the conclusion of debate on the Watt amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr Watt demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 339.
The previous question was ordered pursuant to the rule.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 276 - 139 (Roll no. 54).
Roll Call #54 (House)On passage Passed by the Yeas and Nays: 276 - 139 (Roll no. 54).
Roll Call #54 (House)Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Received in the Senate.
Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 463.