745 ILCS 43/ Illinois Commonsense Consumption Act.

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745 ILCS 43/1

(745 ILCS 43/1)

Sec. 1. Short title. This Act may be cited as the

Illinois Commonsense
Consumption
Act.

(Source: P.A. 93-848, eff. 1-1-05.)

745 ILCS 43/5

(745 ILCS 43/5)

Sec. 5. Definitions.

 As used in this Act:

"Engaged in the business" means a person who sells a qualified product in the person's regular
course of trade
or business.

"Person" means an individual, corporation, company, association, firm,
partnership, society, joint stock company, or any other entity, including any
governmental entity.

"Qualified product" means a food (as defined in Section 201(f) of the Federal
Food Drug and Cosmetic Act (21 U.S.C. 321(f)).

"Qualified civil liability action" means a civil action brought by any person
against a seller of a qualified product, for damages
or injunctive relief based on a claim of injury resulting from a person's
weight gain,
obesity, or any health condition that is related to weight gain or obesity.

"Seller" means, with respect to a qualified product, a person lawfully
engaged in
the business of selling a qualified
product.

(Source: P.A. 93-848, eff. 1-1-05.)

745 ILCS 43/10

(745 ILCS 43/10)

Sec. 10. Limited liability.

 No person shall bring a qualified civil
liability action
in
State court against any  seller of a
qualified product.

(Source: P.A. 93-848, eff. 1-1-05.)

745 ILCS 43/15

(745 ILCS 43/15)

Sec. 15. Exceptions.

  A qualified civil liability action shall not
include:

(a) an action in which a seller of a qualified product
knowingly
and willfully violated a federal or State statute applicable to the
marketing, distribution, advertisement, labeling, or sale of the product, and
the violation
was a proximate cause of the claim of injury resulting from a person's weight
gain,
obesity, or health condition related to weight gain or obesity;

(b) an action for breach of contract or express warranty in connection with
the
purchase of a qualified product; or

(c) an action regarding the sale of a qualified product which is adulterated
(as
described in Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
342)).

(Source: P.A. 93-848, eff. 1-1-05.)

745 ILCS 43/20

(745 ILCS 43/20)

Sec. 20. Dismissal of pending actions.

 A qualified civil liability
action
that is
pending on the effective date of this Act shall be dismissed immediately by the
court in
which the action was brought or is currently pending.

(Source: P.A. 93-848, eff. 1-1-05.)