SB264 Alabama 2012 Session

Summary

Primary Sponsor

Gerald H. AllenSenator

Republican

Session

Regular Session 2012

Title

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

Summary

The Commonsense Consumption Act would mostly bar civil lawsuits against certain food industry parties for weight gain or obesity caused by long-term eating, with narrow exceptions.

What This Bill Does

It would bar most civil actions against packers, distributors, carriers, holders, sellers, marketers, advertisers, or their associations for claims related to weight gain, obesity, or related conditions from long-term consumption of food, as long as the food complies with applicable laws. It would allow lawsuits only in two narrow situations: if the claim includes a material adulteration or misbranding violation (or other material law violation) that is knowing and willful and caused the injury. The act does not shield food manufacturers, applies to existing and new claims from the date it becomes law, and includes specific pleading and discovery rules for exempted cases.

Who It Affects

• Food industry entities (packers, distributors, carriers, holders, sellers, marketers, advertisers, and their associations) would gain immunity from most weight-gain–related civil actions, as long as they comply with applicable laws.
• Consumers and other plaintiffs would face more limited avenues for suit, being able to sue only in narrow circumstances such as adulteration/misbranding violations or other willful, proximate-cause violations; food manufacturers are not granted immunity and could still face acceptable suits in certain cases.

Key Provisions

• Section 3: Immunity from civil actions for packers, distributors, carriers, holders, sellers, marketers, advertisers, or associations for claims arising out of weight gain, obesity, or related conditions due to long-term consumption of food.
• Section 4: Exemptions allowing a civil action if (1) the claim includes a material adulteration or misbranding violation and injury is proximately caused, or (2) other material violations of federal or state law related to manufacturing, marketing, labeling, or selling of food, provided the violation is knowing and willful and injury is proximately caused.
• Section 5: For exempted actions, requires detailed pleading of the relied-upon law, elements, and facts; for certain exemptions, requires facts showing intent or knowledge; includes discovery-related procedures.
• Section 6: Clarifies the act does not create new rights or liabilities, does not interfere with agencies' authority over adulteration/misbranding violations, and does not apply to food manufacturers.
• Section 7: The act applies to all claims pending on the effective date and all claims filed thereafter.
• Section 8: The act becomes effective immediately upon passage and approval by the Governor.
• Definitions in Section 2 cover terms like CLAIM, GENERALLY KNOWN CONDITION ALLEGEDLY CAUSED BY LONG-TERM CONSUMPTION, KNOWING AND WILLFUL, and OTHER PERSON.

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