S. 908 (109th): Commonsense Consumption Act of 2005

Introduced:
Apr 26, 2005 (109th Congress, 2005–2006)
Sponsor:
Sen. Mitch McConnell [R-KY]
Status:
Died (Referred to Committee)
See Instead:
This bill was re-introduced as S. 1323 (110th) on May 07, 2007.

The bill’s title was written by the bill’s sponsor. S. stands for Senate bill.

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Status

This bill was introduced on April 26, 2005, in a previous session of Congress, but was not enacted.

Progress
Introduced Apr 26, 2005
Referred to Committee Apr 26, 2005
Cosponsors
31 cosponsors (25R, 6D) (show)
Committees

Senate Judiciary

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

Full Title

A bill to allow Congress, State legislatures, and regulatory agencies to determine appropriate laws, rules, and regulations to address the problems of weight gain, obesity, and health conditions associated with weight gain or obesity.

Summary

No summaries available.

Text

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Last updated Apr 26, 2005.
8 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.

4/26/2005--Introduced.
Commonsense Consumption Act of 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:
(1) each element of the cause of action;
(2) the Federal and State statutes that were allegedly violated;
(3) the specific facts alleged to constitute the violation of law; and
(4) the specific facts that are alleged to have caused the claimed injury.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

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.)