H.R.554 - Personal Responsibility in Food Consumption Act of 2005109th Congress (2005-2006)
Summary: H.R.554 — 109th Congress (2005-2006)
Passed House amended (10/19/2005)
Personal Responsibility in Food Consumption Act of 2005 - Prohibits new and dismisses pending civil actions by any person against a manufacturer, marketer, distributor, advertiser, or seller of food or a trade association for any injury related to a person's accumulated acts of consumption of food and weight gain, obesity, or any associated health condition, excluding actions alleging: (1) a breach of express contract or express warranty provided that the grounds of recovery are unrelated to a person's weight gain, obesity, or related health condition; (2) a knowing violation of a federal or state statute applicable to the marketing, advertisement, or labeling of food with intent for a person to rely on that violation, where such person relied on that violation, and where such reliance was the proximate cause of injury related to that person's weight gain, obesity, or related health condition; or (3) a violation brought by the Federal Trade Commission (FTC) under the Federal Trade Commission Act or by the Food and Drug Administration (FDA) under the Federal Food, Drug, and Cosmetic Act.
Requires in any excluded action: (1) a stay of discovery during the pendency of any motion to dismiss, unless necessary to preserve evidence or to prevent undue prejudice; and (2) evidence preservation during the stay. Requires the complaint in such an action to plead with particularity for each defendant and cause of action: (1) each element of the cause of action and the specific facts alleged to satisfy each element of the cause of action; (2) the federal and state statutes that allegedly create the cause of action; and (3) the exception under this Act that is being relied upon and the specific facts that allegedly satisfy the requirements of that exception.