Definitions

As used in this article, the term: (1) “Claim” means any claim by or on behalf of a natural person, as well as any derivative or other claim arising therefrom asserted by or on behalf of any other person. (2) “Federal act” means the Federal Food, Drug, and Cosmetic Act (Title 21 U.S.C. Section 301, et seq., 52 Stat. Section 1040, et seq.). 426 26-2-431 STDS., LBLG., ADULTERATION OF FOOD 26-2-433 (3) “Generally known condition allegedly caused by or allegedly likely to result from long-term consumption” means a condition generally known to result or likely to result from the cumulative effect of consumption and not from a single instance of consumption. (4) “Knowing and willful” means that: (A) The conduct constituting a violation of federal or state law was committed with the intent to deceive or injure consumers or with actual knowledge that such conduct was injurious to consumers; and (B) The conduct constituting such violation was not required by regulations, orders, rules, or other pronouncement of, or any statute administered by, a federal, state, or local government agency. (5) “Other person” means any individual, corporation, company, association, firm, partnership, society, joint-stock company, or other entity, including any governmental entity or private attorney general. History. Code 1981, § 26-2-431, enacted by Ga. L. 2004, p. 767, § 1; Ga. L. 2005, p. 469, § 1/HB 196. 26-2-432. Exemption from liability of food distributors for longterm consumption of food. Except as provided in Code Section 26-2-433, a manufacturer, packer, distributor, carrier, holder, seller, marketer, or advertiser of a food, as defined in Section 201(f) of the federal act, 21 U.S.C. Section 321(f), or an association of one or more such entities, shall not be subject to civil liability arising under any law of this state 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. History. Code 1981, § 26-2-432, enacted by Ga. L. 2004, p. 767, § 1; Ga. L. 2005, p. 469, § 1/HB 196. 26-2-433. Exception to nonliability of food distributors.