Rep. John A. Fritchey
Filed: 3/25/2004
 
 

 




 

 		












09300HB3981ham001

LRB093 13138 LCB 49161 a






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AMENDMENT TO HOUSE BILL 3981 




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    AMENDMENT NO. ______. Amend House Bill 3981  by replacing 
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everything after the enacting clause with the following:

 
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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 sells a 
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qualified product in the person's regular
course of trade
or 
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business.


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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. 
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321(f)).


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

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product.



 
 


 






09300HB3981ham001
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LRB093 13138 LCB 49161 a




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    Section 10. Limited liability.  No person shall bring a 
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qualified civil
liability action
in
State court against any  
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seller of a
qualified 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 seller of a qualified product

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knowingly
and willfully violated a federal or State statute 
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applicable to the
marketing, distribution, advertisement, 
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labeling, or sale of the product, and
the violation
was a 
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proximate cause of the claim of injury resulting from a 
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person's weight
gain,
obesity, or health condition related to 
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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 
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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.".