§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
TITLE 14: COURT PROCEDURE -- CIVIL
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 Truth justifies libel unless malice (REPEALED)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 Unproved allegations (REPEALED)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 Government agencies (REPEALED)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 §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 §172. Liability related to professional services for natural disaster or catastrophe