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19-23 Food Provider Limited Liability for Obesity

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CHAPTER 19-23FOOD PROVIDER LIMITED LIABILITY FOR OBESITY19-23-01. Limited liability.1.Except as provided in subsection 2, a producer, processor, manufacturer, packer,<br>distributor, carrier, holder, seller, marketer, trade association, or advertiser of a food,<br>as defined in section 201(f) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C.<br>321(f)], or an association of one or more of those entities, may not be subject to civil<br>liability arising under any state statute, rule, public policy, court or administrative<br>decision, municipal ordinance, or other action having the effect of law, for any claim<br>arising out of weight gain, obesity, a health condition associated with weight gain or<br>obesity, or other generally known condition allegedly caused by or allegedly likely to<br>result from long-term consumption of food.2.Subsection 1 does not apply to the claim of obesity or weight gain that is based on:a.A material violation of an adulteration or misbranding requirement prescribed<br>by state or federal statute, rule, or ordinance and the claimed injury was<br>proximately caused by the violation; orb.Any other material violation of federal or state law applicable to the<br>manufacturing, marketing, distribution, advertising, labeling, or sale of food,<br>provided that the violation is knowing and willful, and the claimed injury was<br>proximately caused by the violation.19-23-02. Pleading requirements.1.In any action commenced under this chapter, the complaint or petition must state<br>with particularity the following:a.The statute, rule, regulation, ordinance, or other law that was allegedly violated;b.The facts that are alleged to constitute a material violation of the statute, rule,<br>regulation, ordinance, or other law; andc.The facts alleged to demonstrate that the violation proximately caused actual<br>injury to the plaintiff.2.The complaint or petition must also state with particularity facts sufficient to support<br>a reasonable inference that the violation was with intent to deceive or injure<br>consumers or with the actual knowledge that the violation was injurious to<br>consumers.19-23-03. Stay pending motion to dismiss.1.In any action commenced under this chapter, all discovery and other proceedings<br>must be stayed during the pendency of any motion to dismiss unless the court finds<br>upon the motion of any party that particularized discovery is necessary to preserve<br>evidence or to prevent undue prejudice to a party.2.During the pendency of any stay of discovery pursuant to this section, unless<br>otherwise ordered by the court, any party to the action with actual notice of the<br>allegations contained in the complaint shall treat all documents, data compilations,<br>and tangible objects that are in the custody or control of the party and are relevant to<br>the allegations, as if they were the subject of a continuing request for production<br>from an opposing party under rule 34 of the North Dakota Rules of Civil Procedure.Page No. 1Document Outlinechapter 19-23 food provider limited liability for obesity