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Oct 17, 2005

SUMMARY OF AMENDMENTS SUBMITTED TO THE RULES COMMITTEE ON H.R. 554 - THE PERSONAL RESPONSIBILITY IN FOOD CONSUMPTION ACT

SUMMARY OF AMENDMENTS SUBMITTED TO THE RULES COMMITTEE ON  
H.R. 554 - THE PERSONAL RESPONSIBILITY IN FOOD CONSUMPTION ACT

(in alphabetical order)

SUMMARY OF AMENDMENTS

(summaries derived from information provided by sponsors)

Filner #1
Exempts those who are aged eight and under from the provisions of this Act as it relates to large chain outlets.

Jackson-Lee #3
Prohibits the food industry from initiating lawsuits against any person for damages or other relief due to injury or potential injury based on a person’s consumption of a qualified food product and weight gain, obesity, or any health condition that is associated with a person’s weight gain or obesity.

Jackson-Lee #4
Exempts lawsuits alleging that a product claiming to assist in weight loss caused heart disease, heart damage, primary pulmonary hypertension, neuropsychologocal damage, or any other complication which may alos be generally associated with a person’s weight gain or obesity. WITHDRAWN

Scott (VA) #5
Exempts State law enforcement actions from the impact of the legislation to ensure that Attorneys General and State agencies can enforce State consumer protection laws concerning mislabeling or other unfair and deceptive trade practices.

Sensenbrenner #6
Manager’s Amendment. Makes technical changes to the section of the bill that sets out the types of information a plaintiff must provide to a judge to allow the court to determine whether the lawsuit should proceed or be dismissed. Clarifies that the pleading provision in H.R. 554 is meant to apply to all cases seeking obesity-related damages. Adds the phrase “for each defendant and cause of action” to clarify that a judge must apply H.R. 554's pleading requirements to each specific claim. This prevents a plaintiff from improperly using a claim that is not barred by H.R. 554 as a means of pursuing obesity-related claims that are barred by H.R. 554 against the same or other defendants.

Waxman #2
Exempts lawsuits involving a dietary supplement relating to a person’s weight gain, obesity or any health condition associated with weight gain or obesity.