Florida Statute Prevents Obesity Lawsuits for Children and Adults in Florida

Some creative and inventive attorneys and law professors have filed lawsuits against McDonald’s and other businesses for allegedly causing a client to become obese and have health related problems.

68915_law_education_series_1.jpg

These lawsuits have been filed in Chicago and other cities in the United States. The Florida legislative passed a statute that purports to prevent these kind of lawsuits in the State of Florida. Section 768.37, Florida Statutes states as follows:

768.37 Limitation on civil liability arising from long-term consumption of food and nonalcoholic beverages.–No manufacturer, distributor, or seller of foods or nonalcoholic beverages intended for human consumption shall be subject to civil liability for personal injury or wrongful death to the extent such liability is premised upon a person’s weight gain or obesity, or a health condition related to weight gain or obesity, resulting from the person’s long-term consumption of such foods or nonalcoholic beverages. For purposes of this section, the term “long-term” means the cumulative effect of multiple instances over a period of time and not the effect of a single or isolated instance. Such limitation on civil liability shall not bar a claim for damages if otherwise available under any other provision of law against a manufacturer, distributor, or seller of foods or nonalcoholic beverages if such manufacturer, distributor, or seller has failed to provide nutritional content information as required by any applicable state or federal statute or regulation, or has provided materially false or misleading information to the public.