Texas Civil Practice and Remedies Code

§ 138.002 — CIVIL ACTION PROHIBITED

CP § 138.002Title 6. MISCELLANEOUS PROVISIONS · Ch. 138. PERSONAL RESPONSIBILITY FOR FOOD CONSUMPTION

Statute text

(a)Except as otherwise provided by this section, a manufacturer, seller, trade association, livestock producer, or agricultural producer is not liable under any law of this state for any claim arising out of weight gain or obesity, a health condition associated with weight gain or obesity, or any other generally known condition allegedly caused by or allegedly likely to result from the long-term consumption of food, including:

(1)an action brought by a person other than the individual on whose weight gain, obesity, or health condition the action is based; and

(2)any derivative action brought by or on behalf of any individual or any representative, spouse, parent, child, or other relative of any individual.

(b)This section does not prohibit a person from bringing:

(1)an action in which:

(A)a manufacturer or seller of a food knowingly and wilfully violates a federal or state statute applicable to the manufacturing, marketing, distribution, advertisement, labeling, or sale of the food; and

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Legislative history

Added by Acts 2005, 79th Leg., Ch. 906 (H.B. 107), Sec. 1, eff. June 18, 2005.