Illinois General Assembly - Full Text of Public Act 093-0848

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Public Act 093-0848

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Public Act 0848 93RD GENERAL ASSEMBLY

Public Act 093-0848

HB3981 Enrolled LRB093 13138 LCB 40162 b

    AN ACT concerning liability.

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

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

    Section 5. Definitions. As used in this Act:
    "Engaged in the business" means a person who sells a
qualified product in the person's regular course of trade or
business.
    "Person" means an individual, corporation, company,
association, firm, partnership, society, joint stock company,
or any other entity, including any governmental entity.
    "Qualified product" means a food (as defined in Section
201(f) of the Federal Food Drug and Cosmetic Act (21 U.S.C.
321(f)).
    "Qualified civil liability action" means a civil action
brought by any person against a seller of a qualified product,
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.
    "Seller" means, with respect to a qualified product, a
person lawfully engaged in the business of selling a qualified
product.

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

    Section 15. Exceptions. A qualified civil liability action
shall not include:
    (a) an action in which a seller of a qualified product
knowingly and willfully violated a federal or State statute
applicable to the marketing, distribution, advertisement,
labeling, or sale of the product, and the violation was a
proximate cause of the claim of injury resulting from a
person's weight gain, obesity, or health condition related to
weight gain or obesity;
    (b) an action for breach of contract or express warranty in
connection with the purchase of a qualified product; or
    (c) an action regarding the sale of a qualified product
which is adulterated (as described in Section 402 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342)).

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

Effective Date: 1/1/2005

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