2010 Indiana Code
TITLE 34. CIVIL LAW AND PROCEDURE
ARTICLE 30. IMMUNITY FROM CIVIL LIABILITY
CHAPTER 23. LIABILITY CONNECTED WITH CONSUMPTION OF FOOD AND BEVERAGES

IC 34-30-23
     Chapter 23. Liability Connected With Consumption of Food and Beverages

IC 34-30-23-1
Exemption from civil liability
     Sec. 1. This chapter does not grant immunity from civil liability with respect to a claim alleging that:
        (1) an adulteration or misbranding of food or a beverage proximately caused the claimed injury, if the adulteration or misbranding relates to a labeling or purity requirement under state or federal law; or
        (2) a knowing and willful violation of federal or state law applicable to the manufacturing, marketing, distribution, labeling, or sale of food or a beverage proximately caused the claimed injury, unless the alleged injury is unrelated to a pregnancy and arises from:
            (A) weight gain;
            (B) obesity;
            (C) a health condition associated with weight gain or obesity; or
            (D) a generally known condition allegedly:
                (i) caused by; or
                (ii) likely to result from;
            the long term consumption of food or beverages.
As added by P.L.77-2006, SEC.1.

IC 34-30-23-2
Applicability
     Sec. 2. Section 3 of this chapter applies to the following:
        (1) A food or beverage manufacturer.
        (2) A food or beverage distributor.
        (3) A food or beverage carrier.
        (4) A person who stores food or beverages.
        (5) A food or beverage seller.
        (6) A food or beverage marketer.
        (7) A food or beverage advertiser or the advertising medium.
        (8) A person who prepares food or beverages.
        (9) A group or association containing more than one (1) of the persons referred to in subdivisions (1) through (8).
As added by P.L.77-2006, SEC.1.

IC 34-30-23-3
Immunity from civil liability arising from a claim concerning the long term consumption of food or beverages
     Sec. 3. This section does not apply to weight gain associated with pregnancy. A person or group or association of persons referred to in section 2 of this chapter is immune from civil liability arising from a claim concerning:
        (1) weight gain;         (2) obesity;
        (3) a health condition associated with weight gain or obesity; or
        (4) a generally known condition:
            (A) allegedly caused by; or
            (B) allegedly likely to result from;
        the long term consumption of food or beverages.
As added by P.L.77-2006, SEC.1.