HCS HB 1115 -- COMMONSENSE CONSUMPTION ACT

SPONSOR:  Byrd (Dempsey)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 14 to 0 with 1 present.

This substitute prohibits civil lawsuits against manufacturers,
distributors, and sellers of food for any claims arising out of
weight gain, obesity, or health conditions associated with weight
gain or obesity.  Exceptions to this prohibition are provided for
certain violations of state and federal law.  Rules for pleadings
and the procedure for filing a lawsuit pursuant to an exception
are specified.

The substitute will become effective on January 1, 2005, and
applies to all covered claims pending or filed after that date.

FISCAL NOTE:  No impact on state funds in FY 2005, FY 2006, and
FY 2007.

PROPONENTS:  Supporters say that people should have personal
responsibility for their own bodies and should not be able to sue
when a product is used as it is intended.  The bill will prevent
frivolous lawsuits.

Testifying for the bill were Representative Dempsey; Missouri
Restaurant Association; Johnny's Beanery; and Missouri Chamber of
Commerce and Industry.

OPPONENTS:  There was no opposition voiced to the committee.

Julie Jinkens McNitt, Legislative Analyst

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:14 am