For the purposes of this part 11, unless the context otherwise requires:
(1) Claim means any claim by or on behalf of a natural person and any derivative or other claim arising therefrom that is asserted by or on behalf of any other person.
(2) Food means any food or beverage, including chewing gum, intended for human consumption and articles used for components of any such food or beverage.
(3) Injury caused by or likely to result from long-term consumption means an injury or condition resulting or likely to result from the cumulative effect of consumption and not from a single instance of consumption.
(4) Other person means any individual, corporation, company, association, firm, partnership, society, joint-stock company, or any other entity, including any governmental entity or private attorney general.
Source: L. 2004: Entire part added, p. 760, � 1, effective May 17.
13-21-1104. Actions against food providers that comply with applicable state and federal laws - exemptions. (1) Except as otherwise provided in subsection (2) of this section, a manufacturer, packer, distributor, carrier, holder, or seller of a food, or an association of one or more such entities, shall not be subject to civil liability for any claim arising from weight gain, obesity, a health condition associated with weight gain or obesity, or other injury caused by or likely to result from the long-term consumption of the food.
(2) The provisions of subsection (1) of this section shall not preclude civil liability of a manufacturer, packer, distributor, carrier, holder, or seller of a food in cases in which a claim of injury not related to weight gain, obesity, or a health condition associated with weight gain or obesity is based on a material violation of a composition, branding, or labeling standard prescribed by state or federal law and the claimed injury was actual and proximately caused by such violation.
Source: L. 2004: Entire part added, p. 760, � 1, effective May 17.