S.L. 2013-309 (H 683). Commonsense Consumption Act
S.L. 2013-309 prohibits local ordinances limiting the portion size of soft drinks, and provides immunity from liability for various parties in the food industry for claims arising out of an individual’s obesity or weight gain resulting from the long-term consumption of food.
S.L. 2013-309 prohibits local ordinances limiting the portion size of soft drinks, and provides immunity from liability for various parties in the food industry for claims arising out of an individual’s obesity or weight gain resulting from the long-term consumption of food.
Section 1 enacts new Article 5 of G.S. Chapter 99E, the “Commonsense Consumption Act.” This law provides limited immunity from liability to food sellers, manufacturers, distributors, advertisers, and specified others for any claim arising out of weight gain, obesity, or associated health conditions that result from the long-term consumption of food. The immunity does not extend to:
Claims related to health conditions that arise from a single instance of food consumption.
Actions in which the claim of weight gain, obesity, or associated health condition alleges that a material violation of a state or federal requirement regarding adulteration or misbranding of food was a proximate cause of the injury.
Actions in which the claim of weight gain, obesity, or associated health condition is based on knowing or willful conduct that violates state or federal laws regarding the manufacturing, distribution, advertising, labeling or sale of food, if the claimed injury was proximately caused by the violation.
Section 1 is effective October 1, 2013, and applies to causes of action arising on or after that date.
The limitations on local ordinance-making authority are found in Sections 2 and 3. New G.S. 160A-203 provides that no city ordinance may prohibit the sale of soft drinks above a particular size. New G.S. 153A-146 extends the same prohibition to county ordinances. Both statutes incorporate the definition of “soft drink” in G.S. 105-164.3: a nonalcoholic beverage containing natural or artificial sweeteners, except for beverages composed of more than 50 percent vegetable or fruit juice; milk or milk products; and soy, rice, or similar milk substitutes. Both statutes state that they do not prohibit ordinances regulating the sanitation or other operational aspects of a device for dispensing soft drinks. These sections were effective upon enactment (July 18, 2013).