§ 13-21-1101. Short Title
This part 11 shall be known and may be cited as the “Commonsense Consumption Act”. Source: L. 2004: Entire part added, p. 759, § 1, effective May 17.
§ 13-21-1102. Legislative Declaration
The general assembly hereby finds and declares that: Obesity and many other conditions that are detrimental to the health and well-being of individuals are frequently long-term manifestations of poor choices that are habitually made by those individuals; Despite commercial influences, individuals remain ultimately responsible for the choices they make regarding their body; and Excessive litigation […]
§ 13-21-1103. Definitions
For the purposes of this part 11, unless the context otherwise requires: “Claim” means any claim by or on behalf of a natural person and any derivative or other claim arising therefrom that is asserted by or on behalf of any other person. “Food” means any food or beverage, including chewing gum, intended for human […]
§ 13-21-1104. Actions Against Food Providers That Comply With Applicable State and Federal Laws – Exemptions
Except as otherwise provided in subsection (2) of this section, a manufacturer, packer, distributor, carrier, holder, or seller of a food, or an association of one or more such entities, shall not be subject to civil liability for any claim arising from weight gain, obesity, a health condition associated with weight gain or obesity, or […]
§ 13-21-1105. Pleading Requirements
In any action permitted under section 13-21-1104 (2), the plaintiff shall state the following with particularity in the complaint: The statute, regulation, or other provision of state or federal law that was allegedly violated; The facts that are alleged to constitute a material violation of such law; and The facts that are alleged to demonstrate […]
§ 13-21-1106. Stay of Proceedings Pending Motion to Dismiss
In any action brought against a manufacturer, packer, distributor, carrier, holder, or seller of a food for claims related to the long-term consumption of food, all proceedings including but not limited to discovery shall be stayed during the pendency of a motion to dismiss unless the court finds for good cause shown on the motion […]