HB 0333

1	A bill to be entitled
2	An act relating to immunity from civil liability; creating
3	s. 768.37, F.S.; providing to certain entities immunity
4	from civil liability for personal injury or wrongful death
5	based upon long-term consumption of certain foods or
6	nonalcoholic beverages under certain circumstances;
7	providing application; providing a limitation on immunity;
8	providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Section 768.37, Florida Statutes, is created to
13	read:
14	768.37  Limitation on civil liability arising from long-
15	term consumption of food and nonalcoholic beverages.--No
16	manufacturer, distributor, or seller of foods or nonalcoholic
17	beverages intended for human consumption shall be subject to
18	civil liability for personal injury or wrongful death to the
19	extent such liability is premised upon a person's weight gain or
20	obesity, or a health condition related to weight gain or
21	obesity, resulting from the person's long-term consumption of
22	such foods or nonalcoholic beverages. For purposes of this
23	section, the term "long-term" means the cumulative effect of
24	multiple instances over a period of time and not the effect of a
25	single or isolated instance. Such limitation on civil liability
26	shall not bar a claim for damages if otherwise available under
27	any other provision of law against a manufacturer, distributor,
28	or seller of foods or nonalcoholic beverages if such
29	manufacturer, distributor, or seller has failed to provide
30	nutritional content information as required by any applicable
31	state or federal statute or regulation, or has provided
32	materially false or misleading information to the public.
33	Section 2.  This act shall take effect upon becoming a law
34	and shall apply to all claims filed on or after the effective
35	date.

CODING: Words stricken are deletions; words underlined are additions.