Section 39-8701 – SHORT TITLE.

39-8701. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Commonsense Consumption Act." History: [39-8701, added 2004, ch. 380, sec. 1, p. 1141.]

Section 39-8702 – PREVENTION OF FRIVOLOUS LAWSUITS.

39-8702. PREVENTION OF FRIVOLOUS LAWSUITS. Except as provided in section 39-8703, Idaho Code, a manufacturer, packer, distributor, carrier, holder, seller, marketer or advertiser of a food, as defined in section 39-8704, Idaho Code, or an association of one (1) or more of such entities, shall not be subject to civil liability arising under any Idaho […]

Section 39-8703 – EXEMPTION.

39-8703. EXEMPTION. Notwithstanding section 39-8702, Idaho Code, civil liability shall not be precluded where the claim of weight gain, obesity, a health condition associated with weight gain or obesity, or any other generally known obesity-related condition allegedly caused by or allegedly likely to result from long-term consumption of food is based on: (1) A material […]

Section 39-8704 – DEFINITIONS.

39-8704. DEFINITIONS. As used in this chapter: (1) "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. (2) "Food" means: (a) Articles used for food or drink for persons or other animals; (b) […]

Section 39-8705 – PLEADING REQUIREMENTS.

39-8705. PLEADING REQUIREMENTS. (1) In any action exempted pursuant to section 39-8703(1), Idaho Code, the complaint initiating such action shall state with particularity the following: (a) The statute, rule, regulation or other law of Idaho or the United States that was allegedly violated; (b) The facts that are alleged to constitute a material violation of […]

Section 39-8706 – STAY PENDING MOTION TO DISMISS.

39-8706. STAY PENDING MOTION TO DISMISS. In any action exempted pursuant to section 39-8703, Idaho Code, 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 […]