(1) Any manufacturer, packer, distributor, carrier, holder, marketer, or seller of a food or nonalcoholic beverage intended for human consumption, or an association of one or more such entities, shall not be subject to civil liability in an action brought by a private party based on an individual’s purchase or consumption of food or nonalcoholic beverages in cases where liability is premised upon the individual’s weight gain, obesity, or a health condition associated with the individual’s weight gain or obesity and resulting from the individual’s long-term purchase or consumption of a food or nonalcoholic beverage.

(2) For the purposes of this section, the term “long-term consumption” means the cumulative effect of the consumption of food or nonalcoholic beverages, and not the effect of a single instance of consumption.

Short title—2004 c 139: “This act may be cited as the commonsense consumption act.” [ 2004 c 139 § 2.]