Idaho Code 39-8703 – Exemption
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Notwithstanding section 39-8702, Idaho Code, civil liability shall not be precluded where the claim of weight gain, obesity, a health condition associated with weight gain or obesity, or any other generally known obesity-related condition allegedly caused by or allegedly likely to result from long-term consumption of food is based on:
(1) A material violation of an adulteration or misbranding provision set forth by statute, rule or regulation in Idaho or the United States provided the claimed injury was proximately caused by such violation; or
Terms Used In Idaho Code 39-8703
- Claim: means any claim by or on behalf of a natural person as well as any derivative or other claim arising therefrom asserted by or on behalf of any other person. See Idaho Code 39-8704
- Food: means :
Idaho Code 39-8704Generally known obesity-related condition allegedly caused by or allegedly likely to result from long-term consumption: means an obesity-related condition generally known to result or to likely result from the cumulative effect of consumption and not from a single instance of consumption. See Idaho Code 39-8704 State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114 Statute: A law passed by a legislature.
(2) Any other material violation of federal or state law applicable to manufacturing, marketing, distribution, advertising, labeling or the sale of food, provided such violation is knowing and willful, as defined in section 39-8704, Idaho Code, and provided further that the claimed injury was proximately caused by such violation.