Senate Bill sb1394

    Florida Senate - 2004                                  SB 1394

    By Senator Smith





    14-988-04

  1                      A bill to be entitled

  2         An act relating to limitation of civil

  3         liability; creating s. 768.1365, F.S.; limiting

  4         the civil liability of a retail food seller for

  5         damages arising from personal injury or

  6         wrongful death when the claim is premised upon

  7         a person's long-term consumption of food or

  8         nonalcoholic beverages; providing an exception

  9         for false or misleading nutritional

10         information; providing an effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Section 768.1365, Florida Statutes, is

15  created to read:

16         768.1365  Limitation on civil liability arising from

17  long-term consumption of food and nonalcoholic beverages.--No

18  person shall have a claim against a retail seller of food for

19  damages arising from personal injury or wrongful death to the

20  extent the claim is premised upon the person's weight gain or

21  obesity, or a health condition related to weight gain or

22  obesity, resulting from the person's long-term consumption of

23  food or nonalcoholic beverages. As used in this section, the

24  term "long-term consumption" means the cumulative effect of

25  multiple instances of consuming food or nonalcoholic beverages

26  over a period of time and not the result of a single or

27  isolated instance of consumption. This section does not bar a

28  claim for damages against a person providing false or

29  misleading nutritional information about a food or

30  nonalcoholic beverage.

31         Section 2.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                                  SB 1394
    14-988-04




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 2                          SENATE SUMMARY

 3    Limits the civil liability of a retail food seller for
      damages arising from personal injury or wrongful death
 4    when the claim is premised upon a person's long-term
      consumption of food or nonalcoholic beverages. Provides
 5    an exception for false or misleading nutritional
      information.
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CODING: Words stricken are deletions; words underlined are additions.