To bar civil actions against manufacturers, packers, distributors, carriers, holders, sellers, marketers, or advertisers of food products that comply with applicable statutory and regulatory requirements based on claims arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long-term consumption of food.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act may be cited as the "Commonsense Consumption Act."
Section 2. For purposes of this act, 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 LIKELY TO RESULT FROM LONG-TERM CONSUMPTION. A condition generally known to result or to likely result from the cumulative effect of consumption, and not from a single instance of consumption.
(3) KNOWING AND WILLFUL. Conduct in violation of federal or state law which meets both of the following criteria:
a. The conduct constituting the violation was committed with the intent to deceive or injure consumers or with actual knowledge that such conduct was injurious to consumers.
b. The conduct constituting the violation was not required by regulations, orders, rules, or other pronouncement of, or any statute administered by, a federal, state, or local government agency.
(4) OTHER PERSON. Any individual, corporation, company, association, firm, partnership, society, joint-stock company, or any other entity, including any governmental entity or private attorney general.
Section 3. Except as exempted in Section 4, a manufacturer, packer, distributor, 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. §321(f), or an association of one or more such entities, shall not be subject to any civil action for any claim arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long-term consumption of food.
Section 4. Section 3 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 to result from long-term consumption of food (1) includes as an element of the cause of action a material violation of an adulteration or misbranding requirement prescribed by statute or rule of this state or the United States of America, and the claimed injury was proximately caused by such violation; or (2) is based on any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food, provided that such violation is knowing and willful, and the claimed injury was proximately caused by such violation.
Section 5. (a) In any action exempted under subdivision (1) of Section 4, 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 creates the cause of action.
(2) Each element of the cause of action and the specific facts alleged to satisfy each element of the cause of action.
(3)a. The exemption under subsection (a) being relied upon and the specific facts that allegedly demonstrate that the violation of the statute, rule, or other law in subdivision (1) proximately caused actual injury to the plaintiff.
b. In any action exempted under subdivision (2) of Section 4, in addition to the foregoing pleading requirements, the complaint initiating the action shall state with particularity facts sufficient to support a reasonable inference that the violation was with intent to deceive or injure consumers or with the actual knowledge that the violation was injurious to consumers. For purposes of applying this act, the pleading requirements in this subsection are deemed part of the substantive law of the state and not merely in the nature of procedural provisions.
(b)(1) In any action exempted under Section 4, the obligation of any party or non-party to make disclosures of any kind under any applicable rule or order, or to respond to discovery requests of any kind, as well as all proceedings unrelated to adjudicating a motion to dismiss, shall be stayed prior to the time for filing a motion to dismiss and during the pendency of any such motion unless the court finds upon motion of any party that a response to a particularized discovery request is necessary to preserve evidence or to prevent undue prejudice to that party.
(2) During the pendency of any stay of discovery pursuant to this section, unless otherwise ordered by the court, the responsibilities of the parties with regard to the treatment of all documents, data compilations, including electronically recorded or stored data, and tangible objects shall be governed by applicable rules of civil procedure. A party aggrieved by the failure of an opposing party to comply with this subdivision shall have the applicable remedies made available by such applicable rules, provided that no remedy shall be afforded that conflicts with the terms of this subdivision.
Section 6. (a) Nothing in this act 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 act shall be construed to interfere with any agency's exclusive or primary jurisdiction to find or declare violations of an adulteration or misbranding statute or rule.
(c) Nothing in this act shall be construed to apply to a manufacturer of food.
Section 7. The provisions of this act shall apply to all covered claims pending on the date of the effective date of this act and all claims filed thereafter, regardless of when the claim arose.
Section 8. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.