Download This Version in Microsoft Word format
TO AMEND CHAPTER 3, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO ENACT THE "COMMON SENSE CONSUMPTION ACT", TO DEFINE THE TERMS "PARTY" AND "LONG-TERM CONSUMPTION", AND TO PROVIDE THAT A MANUFACTURER, PACKER, DISTRIBUTOR, CARRIER, HOLDER, MARKETER, SELLER, OR AN ASSOCIATION OF ONE OR MORE OF THESE ENTITIES IS NOT SUBJECT TO CIVIL LIABILITY IN AN ACTION BASED ON A PERSON'S PURCHASE OR CONSUMPTION OF FOOD OR NONALCOHOLIC BEVERAGES WHEN LIABILITY IS BASED ON WEIGHT GAIN, OBESITY, OR A HEALTH CONDITION ASSOCIATED WITH WEIGHT GAIN OR OBESITY RESULTING FROM THE PERSON'S LONG-TERM CONSUMPTION OF FOOD OR NONALCOHOLIC BEVERAGES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 15 of the 1976 Code is amended by adding:
Section 15-3-1000. This article may be cited as the 'Common Sense Consumption Act'.
Section 15-3-1010. As used in this article:
(1) 'Party' means an individual, corporation, company, association, firm, partnership, society, joint stock company, another entity, including a governmental entity; and
(2) 'Long-term consumption' means the cumulative effect of the consumption of food or nonalcoholic beverages. 'Long-term consumption' does not mean the effect of a single instance of consumption.
Section 15-3-1020. (A) A manufacturer, packer, distributor, carrier, holder, marketer, seller, or an association of one or more of these entities of a food or nonalcoholic beverage intended for human consumption is not subject to civil liability in an action brought by a party on or after the effective date of this article or in an action pending on the effective date of this article based on a person's purchase or consumption of food or nonalcoholic beverages in a case when liability is based on weight gain, obesity, or a health condition associated with weight gain or obesity resulting from the person's long-term purchase or consumption of food or nonalcoholic beverages.
(B) In an action to dismiss one or more claims pursuant to the provisions of this article, all discovery and other proceedings are stayed while a motion to dismiss is pending."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Tuesday, June 23, 2009 at 2:26 P.M.