Maine Revised Statutes
Chapter 7: DEFENSES GENERALLY
14 §170. Consumption of food

§170. Consumption of food
1.  Definitions.  As used in this section, unless the context otherwise indicates, the following terms have the following meanings.  
A. "Food product" means any product that is grown, prepared, manufactured, provided, served or sold and that is primarily intended for human consumption and nourishment.   [PL 2005, c. 355, §1 (NEW).]
B. "Long-term" means consisting of multiple instances over a period of time and not a single or isolated instance.   [PL 2005, c. 355, §1 (NEW).]
[PL 2005, c. 355, §1 (NEW).]
2.  Liability limited.  Except as provided in subsection 3, a manufacturer, distributor or seller of a food product, or an association of one or more such entities, is not liable for personal injury or death to the extent the liability is based upon a person's weight gain or obesity resulting from the person's long-term consumption of the food product.  
[PL 2005, c. 355, §1 (NEW).]
3.  Exception.  Subsection 2 does not bar a claim for damages if otherwise available under any other provision of law against a manufacturer or distributor of food products if the manufacturer or distributor has failed to provide nutritional content information as required by any applicable state or federal statute, rule or regulation or has provided materially false or misleading information to the public.  
[PL 2005, c. 355, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 355, §1 (NEW).

Structure Maine Revised Statutes

Maine Revised Statutes

TITLE 14: COURT PROCEDURE -- CIVIL

Part 1: GENERAL PROVISIONS

Chapter 7: DEFENSES GENERALLY

14 §151. Partial failure of consideration of note

14 §152. Truth justifies libel unless malice (REPEALED)

14 §153. Mitigation of damages in action for libel

14 §153-A. Defense in action based on misuse of legal identification

14 §154. Unproved allegations (REPEALED)

14 §155. No action on demands discharged by partial payment

14 §156. Comparative negligence

14 §157. Government agencies (REPEALED)

14 §158. Damages for tortious conduct of charitable corporations

14 §158-A. Immunity for charitable directors, officers and volunteers

14 §158-B. Limited liability of charitable organizations

14 §159. Social and business invitees, standards of care

14 §159-A. Limited liability for recreational or harvesting activities

14 §159-B. Limited liability for recycling activities by municipalities and regional associations

14 §159-C. Liability related to placement of navigational aids in great ponds

14 §159-D. Liability related to a bicyclist using a drive-up window

14 §160. Certain cases of negligence

14 §161. When lack of privity no defense in action against manufacturer, seller or supplier of goods

14 §162. Settlement or release of claims

14 §163. Release of joint tortfeasors

14 §164. Immunity from civil liability

14 §164-A. Maine Assistance Program for Lawyers; immunity

14 §164-B. Immunity from civil liability for assistance given to law enforcement dogs, search and rescue dogs and service dogs

14 §165. Liability of those who store or distribute natural gas

14 §166. Immunity for certain food donations

14 §167. Insurance inspections

14 §168. Day care facility immunity for certain personnel action (REPEALED)

14 §169. Restriction of attorney's representation prohibited

14 §170. Consumption of food

14 §171. Defense of premises

14 §172. Liability related to professional services for natural disaster or catastrophe

14 §173. Immunity for menstrual product donations

14 §174. Installation of smoke and carbon monoxide detectors by fire departments (REALLOCATED FROM TITLE 14, SECTION 173 )