SB167 Alabama 2011 Session

Summary

Primary Sponsor

Gerald H. AllenSenator

Republican

Co-Sponsor

Greg J. Reed

Session

Regular Session 2011

Title

Civil actions, obesity or weight gain, suits prohibited, limited exceptions, Commonsense Consumption Act

Summary

SB167 would bar most civil lawsuits against food manufacturers and related entities for weight gain or obesity claims tied to long-term consumption of food.

What This Bill Does

If passed, the bill would prevent lawsuits against manufacturers, packers, distributors, carriers, holders, sellers, marketers, or advertisers of food for weight gain or related health conditions caused by long-term eating. It creates narrow exceptions for lawsuits that involve adulteration or misbranding violations or other material violations that are knowing and willful and proximately caused injury. The act provides definitions for key terms like claim, generally known condition, and knowing and willful. It also sets pleading requirements and may stay discovery in exempt cases, and it applies to claims filed after the law takes effect as well as those pending on that date.

Who It Affects

• Food industry entities (manufacturers, packers, distributors, carriers, holders, sellers, marketers, or advertisers) would largely be shielded from weight-gain–related claims.
• Consumers or plaintiffs who might sue over weight-gain or obesity-related claims could face bar on those lawsuits or face narrow exceptions and specific pleading requirements.

Key Provisions

• Section 3 bars civil actions against food-related entities for claims arising from weight gain, obesity, or related conditions due to long-term consumption of food.
• Section 4 provides exceptions: lawsuits may proceed if the claim involves adulteration or misbranding violations or other material violations that are knowing and willful and proximately caused injury.
• Section 2 defines key terms: 'claim,' 'generally known condition,' 'knowing and willful,' and 'other person.'
• Section 5 outlines pleading requirements for exempt actions, including detailed statements of statutes involved and facts supporting the claim and exception.
• Section 6 clarifies the act does not create new liability or interfere with agency enforcement of adulteration/misbranding laws.
• Section 7 states the act applies to claims pending on the effective date and to all claims filed afterward.
• Section 8 makes the act effective immediately after the governor signs it (or as otherwise provided).

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure