HB242 Alabama 2012 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Mike Jones
Republican
Session: Regular Session 2012
Title: Civil actions, obesity or weight gain, suits prohibited, limited exceptions, Commonsense Consumption Act
Summary: HB242 creates the Commonsense Consumption Act, shielding most food industry players from civil suits over weight gain or obesity caused by long-term consumption, with limited exceptions.
What This Bill Does
Generally bars civil actions against packers, distributors, manufacturers, carriers, holders, sellers, marketers, or advertisers of food for weight-gain/obesity-related claims if the food complied with applicable laws. It allows lawsuits only when the claim includes a material adulteration or misbranding violation (or other material violation) that was knowing and willful and proximately caused injury. It requires detailed pleading in exempted cases and temporarily stays discovery during those cases. It applies to all claims pending on the effective date and to new claims filed thereafter, with the act becoming effective immediately.

Who It Affects
Food industry entities (packers, distributors, manufacturers, carriers, holders, sellers, marketers, or advertisers) would generally be shielded from civil actions for weight-gain or obesity claims, as long as they complied with applicable laws.
Consumers or plaintiffs could still sue if an action involves adulteration or misbranding violations or other material (knowing and willful) violations that proximately caused injury.

Key Provisions
Section 3 generally bars civil actions against covered food entities for weight-gain/obesity-related claims.
Section 4 creates exemptions for actions involving adulteration/misbranding violations or other material, knowing and willful law violations that caused injury.
Section 5 requires detailed, fact-specific pleadings for exempted actions and clarifies pleading requirements; discovery may be stayed during certain phases.
Section 6 clarifies that the act does not create new rights and does not impede agency enforcement of adulteration/misbranding laws; and notes an exception claiming the act does not apply to a food manufacturer.
Section 7 and Section 8 establish that the act applies to claims pending on enactment and those filed after, with immediate effect.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Civil Procedure