H.R. 554 (109th): Personal Responsibility in Food Consumption Act of 2005

Introduced:
Feb 02, 2005 (109th Congress, 2005–2006)
Sponsor:
Rep. Ric Keller [R-FL8]
Status:
Died (Passed House)

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was introduced in a previous session of Congress and was passed by the House on October 19, 2005 but was never passed by the Senate.

Progress
Introduced Feb 02, 2005
Reported by Committee May 25, 2005
Passed House Oct 19, 2005
Votes

On Agreeing to the Amendment: Amendment 2 to H R 554
Oct 19, 2005 12:28 p.m.
Failed 67/357

On Agreeing to the Amendment: Amendment 3 to H R 554
Oct 19, 2005 12:36 p.m.
Failed 129/298

On Agreeing to the Amendment: Amendment 4 to H R 554
Oct 19, 2005 12:46 p.m.
Failed 192/234

On Agreeing to the Amendment: Amendment 5 to H R 554
Oct 19, 2005 12:53 p.m.
Failed 177/247

House Vote on Passage
Oct 19, 2005 1:14 p.m.
Passed 306/120

Cosponsors
85 cosponsors (82R, 3D) (show)
Committees

House Judiciary

The committee chair determines whether a bill will move past the committee stage.

Full Title

To prevent legislative and regulatory functions from being usurped by civil liability actions brought or continued against food manufacturers, marketers, distributors, advertisers, sellers, and trade associations for claims of injury relating to a person's weight gain, obesity, or any health condition associated with weight gain or obesity.

Summary

No summaries available.

Text

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Last updated Oct 21, 2005.
10 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

10/19/2005. Prohibits new and dismisses pending civil actions by any person against a manufacturer, marketer, distributor, advertiser, or seller of food or a trade association for any injury related to a person's accumulated acts of consumption of food and weight gain, obesity, or any associated health condition, excluding actions alleging: (1) a breach of express contract or express warranty provided that the grounds of recovery are unrelated to a person's weight gain, obesity, or related health condition; (2) a knowing violation of a federal or state statute applicable to the marketing, advertisement, or labeling of food with intent for a person to rely on that violation, where such person relied on that violation, and where such reliance was the proximate cause of injury related to that person's weight gain, obesity, or related health condition; or (3) a violation brought by the Federal Trade Commission (FTC) under the Federal Trade Commission Act or by the Food and Drug Administration (FDA) under the Federal Food, Drug, and Cosmetic Act. Requires in any excluded action: (1) a stay of discovery during the pendency of any motion to dismiss, unless necessary to preserve evidence or to prevent undue prejudice; and (2) evidence preservation during the stay. Requires the complaint in such an action to plead with particularity for each defendant and cause of action: (1) each element of the cause of action and the specific facts alleged to satisfy each element of the cause of action; (2) the federal and state statutes that allegedly create the cause of action; and (3) the exception under this Act that is being relied upon and the specific facts that allegedly satisfy the requirements of that exception.

House Republican Conference Summary

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No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)