H.R.812 - Commonsense Consumption Act of 2009111th Congress (2009-2010)
Summary: H.R.812 — 111th Congress (2009-2010)
Introduced in House (02/03/2009)
Commonsense Consumption Act of 2009 - Prohibits new, and requires dismissal of 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. Subjects to such prohibition: (1) any action brought by a person other than the person on whose weight gain, obesity, or health condition the action is based; and (2) any derivative action brought by or on behalf of any person or any representative, spouse, parent, child, or other relative of that person.
Excludes from this prohibition any 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.