§ 26-2-430. Short Title
This article shall be known and may be cited as the “Common-sense Consumption Act.” History. Code 1981, § 26-2-430 , enacted by Ga. L. 2004, p. 767, § 1; Ga. L. 2005, p. 469, § 1/HB 196. Law reviews. For article on 2004 enactment of this article, see 21 Ga. St. U.L. Rev. 165 (2004).
§ 26-2-431. Definitions
As used in this article, the term: “Claim” means 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. “Federal act” means the Federal Food, Drug, and Cosmetic Act (Title 21 U.S.C. Section 301, et seq., […]
§ 26-2-432. Exemption From Liability of Food Distributors for Long-Term Consumption of Food
Except as provided in Code Section 26-2-433, a manufacturer, packer, distributor, carrier, holder, seller, marketer, or advertiser of a food, as defined in Section 201(f) of the federal act, 21 U.S.C. Section 321(f), or an association of one or more such entities, shall not be subject to civil liability arising under any law of this […]
§ 26-2-433. Exception to Nonliability of Food Distributors
The limitation of liability provided for in Code Section 26-2-432 shall not preclude civil liability that might otherwise exist under the law of this state where the claimed injury does not arise out of weight gain, obesity, health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly […]
§ 26-2-434. Requirements of Complaint
In any action exempted under paragraph (1) of Code Section 26-2-433, the complaint initiating such action shall state with particularity the following: The statute, regulation, or other law of this state or of the United States that was allegedly violated; The facts that are alleged to constitute a material violation of such statute, regulation, or […]
§ 26-2-435. Discovery
In any action exempted under Code Section 26-2-433, all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party. During the pendency of any […]
§ 26-2-436. Applicability
The provisions of this article shall apply to all covered claims pending on July 1, 2005, and all claims filed thereafter, regardless of when the claim arose. History. Code 1981, § 26-2-436 , enacted by Ga. L. 2004, p. 767, § 1; Ga. L. 2005, p. 469, § 1/HB 196. Code Commission notes. Pursuant to […]