CHAPTER 23. LIABILITY CONNECTED WITH CONSUMPTION OF FOOD AND BEVERAGES
IC 34-30-23
Chapter 23. Liability Connected With Consumption of Food and
Beverages
IC 34-30-23-1
Exemption from civil liability
Sec. 1. This chapter does not grant immunity from civil liability
with respect to a claim alleging that:
(1) an adulteration or misbranding of food or a beverage
proximately caused the claimed injury, if the adulteration or
misbranding relates to a labeling or purity requirement under
state or federal law; or
(2) a knowing and willful violation of federal or state law
applicable to the manufacturing, marketing, distribution,
labeling, or sale of food or a beverage proximately caused the
claimed injury, unless the alleged injury is unrelated to a
pregnancy and arises from:
(A) weight gain;
(B) obesity;
(C) a health condition associated with weight gain or
obesity; or
(D) a generally known condition allegedly:
(i) caused by; or
(ii) likely to result from;
the long term consumption of food or beverages.
As added by P.L.77-2006, SEC.1.
IC 34-30-23-2
Applicability
Sec. 2. Section 3 of this chapter applies to the following:
(1) A food or beverage manufacturer.
(2) A food or beverage distributor.
(3) A food or beverage carrier.
(4) A person who stores food or beverages.
(5) A food or beverage seller.
(6) A food or beverage marketer.
(7) A food or beverage advertiser or the advertising medium.
(8) A person who prepares food or beverages.
(9) A group or association containing more than one (1) of the
persons referred to in subdivisions (1) through (8).
As added by P.L.77-2006, SEC.1.
IC 34-30-23-3
Immunity from civil liability arising from a claim concerning the
long term consumption of food or beverages
Sec. 3. This section does not apply to weight gain associated with
pregnancy. A person or group or association of persons referred to
in section 2 of this chapter is immune from civil liability arising from
a claim concerning:
(1) weight gain;
(2) obesity;
(3) a health condition associated with weight gain or obesity; or
(4) a generally known condition:
(A) allegedly caused by; or
(B) allegedly likely to result from;
the long term consumption of food or beverages.
As added by P.L.77-2006, SEC.1.