Full Text of HB3981 93rd General Assembly
HB3981 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB3981
Introduced 1/5/2004, by John A. Fritchey SYNOPSIS AS INTRODUCED: |
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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.
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A BILL FOR
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HB3981 |
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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 | 5 |
| 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, | 8 |
| markets,
distributes, advertises, or sells a qualified product | 9 |
| in the person's regular
course of trade
or business.
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| "Manufacturer" means, with respect to a qualified product, | 11 |
| a person who is
lawfully engaged in the business of | 12 |
| manufacturing the product.
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| "Person" means an individual, corporation, company, | 14 |
| association, firm,
partnership, society, joint stock company, | 15 |
| or any other entity, including any
governmental entity.
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| "Qualified product" means a food (as defined in Section | 17 |
| 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 | 20 |
| brought by any person
against a manufacturer or seller of a | 21 |
| qualified product, or a trade
association, for damages
or | 22 |
| injunctive relief based on a claim of injury resulting from a | 23 |
| person's
weight gain,
obesity, or any health condition that is | 24 |
| related to weight gain or obesity.
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| "Seller" means, with respect to a qualified product, a | 26 |
| person lawfully
engaged in
the business of marketing, | 27 |
| distributing, advertising, or selling a qualified
product.
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| "Trade association" means an association or business | 29 |
| 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, | 32 |
| advertisers, or
sellers of a
qualified product.
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HB3981 |
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LRB093 13138 LCB 40162 b |
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| 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 | 6 |
| 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 | 9 |
| State statute applicable to the
manufacturing,
marketing, | 10 |
| distribution, advertisement, labeling, or sale of the product, | 11 |
| and
the violation
was a proximate cause of the claim of injury | 12 |
| 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 | 15 |
| connection with
the
purchase of a qualified product; or
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| (c) an action regarding the sale of a qualified product | 17 |
| 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 | 20 |
| civil liability
action
that is
pending on the effective date of | 21 |
| this Act shall be dismissed immediately by the
court in
which | 22 |
| the action was brought or is currently pending.
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