§ 99E-40 – Title.
99E-40. Title. This act shall be known and may be cited as the "Commonsense Consumption Act." (2013-309, s. 1.)
99E-40. Title. This act shall be known and may be cited as the "Commonsense Consumption Act." (2013-309, s. 1.)
99E-41. Definitions. The following definitions apply in this Article: (1) Claim. – Any claim by or on behalf of a natural person, as well as any derivative or other claim arising from a common set of facts or circumstances and asserted by or on behalf of any other person. (2) Knowing and willful conduct. – […]
99E-42. Claims arising from weight gain, obesity, associated health conditions, or long-term consumption of food – Limitation on liability. Except as set forth in G.S. 99E-43, a packer, distributor, manufacturer, carrier, holder, seller, marketer, or advertiser of a food, as defined in section 201(f) of the federal Food, Drug, and Cosmetic Act, 21 U.S.C. 321(f), […]
99E-43. Claims arising from weight gain, obesity, associated health conditions, or long-term consumption of food – Exceptions to limit on liability. G.S. 99E-42 shall not preclude liability in 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 […]
99E-44. Construction of Article. (a) Nothing in this Article shall be construed to create any new claim, right of action, or civil liability not previously existing under State law. (b) Nothing in this Article shall be construed to interfere with any agency’s exclusive or primary jurisdiction to find or declare violations of a food adulteration […]