A BILL TO BE ENTITLED
AN ACT to prevent frivolous lawsuits against manufacturers, packers, distributors, carriers, holders, sellers, marketers, or advertisers of food products that comply with applicable statutory and regulatory requirements.
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 99E of the General Statutes is amended by adding a new Article to read:
"Article 4.
"Liability of Purveyors of Food Products.
"§ 99E‑30.  Definitions.
For purposes of this Article, the following definitions apply:
(1)	'Claim' means any claim by, or on behalf of, a natural person, as well as any derivative or other claim arising from such claim asserted by or on behalf of any other person.
(2)	'Food' has the meaning set forth in section 201(f) of the federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 321(f), as amended.
(3)	'Generally known condition caused by or likely to result from long‑term consumption' means a condition generally known to result or to likely result from the cumulative effect of consumption, and not from a single instance of consumption.
(4)	'Knowing and willful violation' means that the conduct constituting the violation was committed with the intent to deceive or injure consumers or with actual knowledge that such conduct was injurious to consumers; and the conduct constituting the violation was not required by any regulation, order, rule, or other pronouncement of, or any statute administered by a State, federal, or local government agency.
(5)	'Law of this State' means any statute, regulation, rule, common law, public policy, court or administrative decision or decree, or other any State action having the effect of law.
(6)	'Other person' means any individual, corporation, company, association, firm, partnership, society, joint‑stock company, or any other entity, including any governmental entity or private attorney general.
"§ 99E‑35.  Immunity for purveyors of food products.
Subject to G.S. 99E‑40, a manufacturer, packer, distributor, carrier, holder, seller, marketer, or advertiser of a food, or an association of one or more such entities, shall not be subject to civil liability arising under any law of this State for any claim arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known condition caused by or likely to result from long‑term consumption of food.
"§ 99E‑40.  Exemption.
(a)	The provisions of G.S. 99E‑35 do not preclude civil liability when the claim of weight gain, obesity, health condition associated with weight gain or obesity, or other generally known condition caused by or likely to result from long‑term consumption of food satisfies either of the following:
(1)	The claim includes as an element of the cause of action a material violation of an adulteration or misbranding requirement prescribed by State or federal statute, rule, or regulation, and the injury was proximately caused by the violation. 
(2)	The claim is based on all of the following:
a.	A material violation of a State or federal law that applies to the manufacturing, marketing, distribution, advertising, labeling, or sale of food other than a claim under subdivision (1) of this subsection.
b.	The violation of the State or federal law is knowing and willful. 
c.	The injury was proximately caused by the violation.
(b)	Nothing in subsection (a) of this section shall be construed to create new, or expand existing, private rights, if any, under the adulteration or misbranding State or federal statutes, rules, or regulations, nor shall subsection (a) of this section be construed to interfere with any agency's exclusive or primary jurisdiction to find or declare violations of such statutes, rules, or regulations.
"§ 99E‑45.  Pleading requirements.
In any action subject to liability under subdivision (1) of subsection (a) of G.S. 99E‑40, the complaint shall state with particularity all the following:
(1)	The State or federal statute, rule, or regulation that was allegedly violated.
(2)	The facts that constitute a material violation of the State or federal statute, rule, or regulation.
(3)	The facts that demonstrate that the violation proximately caused actual injury to the plaintiff.
(b)	In any action subject to liability under subdivision (2) of subsection (a) of G.S. 99E‑40, in addition to the pleading requirements under subsection (a) of this section, the complaint shall state with particularity facts sufficient to support a reasonable inference that the violation was with the intent to deceive or injure consumers or with the actual knowledge that the violation was injurious to consumers.
(c)	For purposes of applying this Article, the pleading requirements under this section are substantive law and not in the nature of procedural requirements only.
"§ 99E‑50.  Stay pending motion to dismiss.
In any action subject to liability under subsection (a) of G.S. 99E‑40, discovery and other proceedings shall be stayed during the pendency of any motion to dismiss, unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party. During the pendency of any stay of discovery pursuant to this section, the responsibilities of the parties with regard to the treatment of all documents; data compilations, including electronically recorded or stored data; and tangible objects shall be governed by the applicable rules of civil procedure."
SECTION 2.  This act is effective when it becomes law and applies to all causes of action that arise on or after that date.