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

Introduced:
Feb 02, 2005 (109th Congress, 2005–2006)
Status:
Died (Passed House)
Sponsor
Ric Keller
Representative for Florida's 8th congressional district
Party
Republican
Text
Read Text »
Last Updated
Oct 21, 2005
Length
10 pages
Related Bills
H.Res. 494 (rule)

Agreed To (Simple Resolution)
Oct 18, 2005

S. 908 (Related)
Commonsense Consumption Act of 2005

Referred to Committee
Last Action: Apr 26, 2005

 
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
Referred to Committee Feb 02, 2005
Reported by Committee May 25, 2005
Passed House Oct 19, 2005
 
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.

Votes
Oct 19, 2005 12:28 p.m.
Failed 67/357
Oct 19, 2005 12:36 p.m.
Failed 129/298
Oct 19, 2005 12:46 p.m.
Failed 192/234
Oct 19, 2005 12:53 p.m.
Failed 177/247
Oct 19, 2005 1:14 p.m.
Passed 306/120

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

House Judiciary

Commercial and Administrative Law

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

 
Primary Source

THOMAS.gov (The Library of Congress)

GovTrack gets most information from THOMAS, which is updated generally one day after events occur. Activity since the last update may not be reflected here. Data comes via the congress project.

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Notes

H.R. stands for House of Representatives bill.

A bill must be passed by both the House and Senate in identical form and then be signed by the president to become law.

The bill’s title was written by its sponsor.

GovTrack’s Bill Summary

We don’t have a summary available yet.

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--Passed House amended.
Personal Responsibility in Food 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 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

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

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

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