Section 6-5-730 – Short Title.

Section 6-5-730 Short title. This article may be cited as the “Commonsense Consumption Act.” (Act 2012-556, p. 1636, §1.)

Section 6-5-731 – Definitions.

Section 6-5-731 Definitions. For purposes of this article, the following words have the following meanings: (1) CLAIM. Any claim by or on behalf of a natural person, as well as any derivative or other claim arising therefrom asserted by or on behalf of any other person. (2) GENERALLY KNOWN CONDITION ALLEGEDLY CAUSED BY OR ALLEGEDLY […]

Section 6-5-732 – Claims Arising From Weight Gain, Obesity, Associated Health Conditions, or Long-Term Consumption of Food – Exemptions From Civil Actions.

Section 6-5-732 Claims arising from weight gain, obesity, associated health conditions, or long-term consumption of food – Exemptions from civil actions. Except as exempted in Section 6-5-733, a packer, distributor, manufacturer, carrier, holder, seller, marketer, or advertiser of a food, as defined at Section 201(f) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. […]

Section 6-5-733 – Claims Arising From Weight Gain, Obesity, Associated Health Conditions, or Long-Term Consumption of Food – Permitted Civil Actions.

Section 6-5-733 Claims arising from weight gain, obesity, associated health conditions, or long-term consumption of food – Permitted civil actions. Section 6-5-732 shall not preclude a civil action in which the claim of weight gain, obesity, health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely […]

Section 6-5-734 – Pleading Requirements; Stay of Discovery.

Section 6-5-734 Pleading requirements; stay of discovery. (a) In any action exempted under subdivision (1) of Section 6-5-733, the complaint initiating the action shall state with particularity for each defendant and cause of action all of the following: (1) The statute, rule, or other law of the state or of the United States that allegedly […]

Section 6-5-735 – Construction of Article.

Section 6-5-735 Construction of article. (a) Nothing in this article shall be construed to create any claim, right of action, or civil liability that did not previously exist under the law of this state. (b) Nothing in this article shall be construed to interfere with any agency’s exclusive or primary jurisdiction to find or declare […]

Section 6-5-736 – Application of Article.

Section 6-5-736 Application of article. The provisions of this article shall apply to all covered claims pending on May 23, 2012, and all claims filed thereafter, regardless of when the claim arose. (Act 2012-556, p. 1636, §7.)