93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB3981


 
Introduced 1/5/2004, by John A. Fritchey
 
SYNOPSIS AS INTRODUCED:
 		












New Act











    Creates the Illinois Commonsense Consumption Act. Provides that no person
shall
bring a qualified civil action in State court against any manufacturer, seller,
or trade
association of a qualified product. Defines "qualified civil action" to include
a civil
action brought by any person against a manufacturer or seller of a qualified
product, or a
trade association, for damages or injunctive relief based on a claim of injury
resulting
from a person's weight gain, obesity, or any health condition that is related
to weight gain
or obesity. Makes exceptions to the limited liability.



















LRB093 13138 LCB 40162 b




















 


 


A BILL FOR









 














HB3981

LRB093 13138 LCB 40162 b









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    AN ACT concerning liability. 

 
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    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 


 
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    Section 1. Short title.  This Act may be cited as the 
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Illinois Commonsense
Consumption
Act.



 
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    Section 5. Definitions.  As used in this Act:


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    "Engaged in the business" means a person who manufactures, 
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markets,
distributes, advertises, or sells a qualified product 
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in the person's regular
course of trade
or business.


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    "Manufacturer" means, with respect to a qualified product, 
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a person who is
lawfully engaged in the business of 
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manufacturing the product.


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    "Person" means an individual, corporation, company, 
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association, firm,
partnership, society, joint stock company, 
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or any other entity, including any
governmental entity.


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    "Qualified product" means a food (as defined in Section 
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201(f) of the Federal
Food Drug and Cosmetic Act (21 U.S.C. 
18
321(f)).


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    "Qualified civil liability action" means a civil action 
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brought by any person
against a manufacturer or seller of a 
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qualified product, or a trade
association, for damages
or 
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injunctive relief based on a claim of injury resulting from a 
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person's
weight gain,
obesity, or any health condition that is 
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related to weight gain or obesity.


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    "Seller" means, with respect to a qualified product, a 
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person lawfully
engaged in
the business of marketing, 
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distributing, advertising, or selling a qualified
product.


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    "Trade association" means an association or business 
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organization (whether or
not
incorporated under federal or 
30
State law) that is not operated for profit, and 2
or more

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members of which are manufacturers, marketers, distributors, 
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advertisers, or
sellers of a
qualified product.



 
 


 









HB3981
- 2 -
LRB093 13138 LCB 40162 b







1
    Section 10. Limited liability.  No person shall bring a 
2
qualified civil
liability action
in
State court against any 
3
manufacturer, seller, or trade association of a
qualified 
4
product.



 
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    Section 15. Exceptions.   A qualified civil liability action 
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shall not
include:


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    (a) an action in which a manufacturer or seller of a 
8
qualified product
knowingly
and willfully violated a federal or 
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State statute applicable to the
manufacturing,
marketing, 
10
distribution, advertisement, labeling, or sale of the product, 
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and
the violation
was a proximate cause of the claim of injury 
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resulting from a person's weight
gain,
obesity, or health 
13
condition related to weight gain or obesity;


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    (b) an action for breach of contract or express warranty in 
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connection with
the
purchase of a qualified product; or


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    (c) an action regarding the sale of a qualified product 
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which is adulterated
(as
described in Section 402 of the 
18
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
342)).



 
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    Section 20. Dismissal of pending actions.  A qualified 
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civil liability
action
that is
pending on the effective date of 
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this Act shall be dismissed immediately by the
court in
which 
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the action was brought or is currently pending.