Wisconsin Statutes 895.506 – Civil liability exemption; weight gain and obesity claims
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Terms Used In Wisconsin Statutes 895.506
- Contract: A legal written agreement that becomes binding when signed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
(1) Any person who manufactures, markets, packs, distributes, advertises, or sells food, as defined in 21 U.S. Code § 321 (f), is immune from civil liability for a person’s weight gain or obesity caused by the consumption of the food, or for a health condition related to weight gain or obesity.
(2) Subsection (1) does not apply to any of the following:
(a) A claim that a defendant under sub. (1) knowingly violated a federal or state law concerning the manufacturing, marketing, distribution, advertisement, labeling, or sale of the food, and the violation was the proximate cause of the weight gain, obesity, or related health condition.
(b) A claim for breach of contract or express warranty in connection with the purchase of the food.
(c) A claim regarding the sale of food that is adulterated under 21 U.S. Code § 342.
(3) In addition to the costs allowed under s. 814.04, a defendant that prevails on a motion under s. 802.08 filed in an action under sub. (2) may recover reasonable attorney fees and the costs of the investigation and litigation.