Section 895.506. Civil liability exemption; weight gain and obesity claims.

 

(1)  Any person who manufactures, markets, packs, distributes, advertises, or sells food, as defined in 21 USC 321 (f), is immune from civil liability for a person's weight gain or obesity caused by the consumption of the food, or for a health condition related to weight gain or obesity.

(2)   Subsection (1) does not apply to any of the following:

(a) A claim that a defendant under sub. (1) knowingly violated a federal or state law concerning the manufacturing, marketing, distribution, advertisement, labeling, or sale of the food, and the violation was the proximate cause of the weight gain, obesity, or related health condition.

(b) A claim for breach of contract or express warranty in connection with the purchase of the food.

(c) A claim regarding the sale of food that is adulterated under 21 USC 342 .

(3)  In addition to the costs allowed under s. 814.04 , a defendant that prevails on a motion under s. 802.08 filed in an action under sub. (2) may recover reasonable attorney fees and the costs of the investigation and litigation.

2005 a. 325 ; 2007 a. 97 .