Public Act 093-0848
 		





HB3981 Enrolled
LRB093 13138 LCB 40162 b






    AN ACT concerning liability. 

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 


 
    Section 1. Short title.  This Act may be cited as the 
Illinois Commonsense
Consumption
Act.



 
    Section 5. Definitions.  As used in this Act:


    "Engaged in the business" means a person who sells a 
qualified product in the person's regular
course of trade
or 
business.


    "Person" means an individual, corporation, company, 
association, firm,
partnership, society, joint stock company, 
or any other entity, including any
governmental entity.


    "Qualified product" means a food (as defined in Section 
201(f) of the Federal
Food Drug and Cosmetic Act (21 U.S.C. 
321(f)).


    "Qualified civil liability action" means a civil action 
brought by any person
against a seller of a qualified product, 
for damages
or injunctive relief based on a claim of injury 
resulting from a person's
weight gain,
obesity, or any health 
condition that is related to weight gain or obesity.


    "Seller" means, with respect to a qualified product, a 
person lawfully
engaged in
the business of selling a qualified

product.



 
    Section 10. Limited liability.  No person shall bring a 
qualified civil
liability action
in
State court against any  
seller of a
qualified product.



 
    Section 15. Exceptions.   A qualified civil liability action 
shall not
include:


    (a) an action in which a seller of a qualified product

knowingly
and willfully violated a federal or State statute 
applicable to the
marketing, distribution, advertisement, 
labeling, or sale of the product, and
the violation
was a 
proximate cause of the claim of injury resulting from a 
person's weight
gain,
obesity, or health condition related to 
weight gain or obesity;


    (b) an action for breach of contract or express warranty in 
connection with
the
purchase of a qualified product; or


    (c) an action regarding the sale of a qualified product 
which is adulterated
(as
described in Section 402 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
342)).



 
    Section 20. Dismissal of pending actions.  A qualified 
civil liability
action
that is
pending on the effective date of 
this Act shall be dismissed immediately by the
court in
which 
the action was brought or is currently pending.




Effective Date:  1/1/2005