2014 Kentucky Revised Statutes CHAPTER 411 - RIGHTS OF ACTION AND SURVIVAL OF ACTIONS 411.610 Immunity from liability for condition arising due to long-term consumption of food -- Exceptions.
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411.610 Immunity from liability for condition arising due to long-term
consumption of food -- Exceptions.
A food establishment, or an association of one (1) or more food establishments,
shall not be subject to civil liability for any claim arising out of weight gain, obesity, a
health condition associated with weight gain or obesity, or other generally known
condition allegedly caused by or allegedly likely to result from long-term
consumption of food, except where the claim:
(1) Includes as an element of the cause of action a material violation of an
adulteration or misbranding requirement prescribed by federal or state statute
or regulation, and the claimed injury was proximately caused by the violation.
Nothing in this subsection shall be construed to create new or expand existing
private rights, if any, under adulteration or misbranding statutes or regulations,
nor shall this subsection be construed to interfere with any agency's exclusive
or primary jurisdiction to find or declare violations of those statutes or
regulations; or
(2) Is based on any other material violation of federal or state law applicable to the
manufacturing, marketing, distribution, advertising, labeling, or sale of food, if
the violation was a knowing and willful violation, and the claimed injury was
proximately caused by the violation.
Effective:June 20, 2005
History: Created 2005 Ky. Acts ch. 23, sec. 2, effective June 20, 2005.
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