Exceptions

745 ILCS 43/15, under Illinois Commonsense Consumption Act.

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.)