§ 19-23-01 — Limited liability

1. Except as provided in subsection 2, a producer, processor, manufacturer, packer,
distributor, carrier, holder, seller, marketer, trade association, or advertiser of a food, as
defined in section 201(f) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C.
321(f)], or an association of one or more of those entities, may not be subject to civil
liability arising under any state statute, rule, public policy, court or administrative
decision, municipal ordinance, or other action having the effect of law, for any claim
arising out of weight gain, obesity, a health condition associated with weight gain or
obesity, or other generally known condition allegedly caused by or allegedly likely to
result from long-term consumption of food.
2. Subsection 1 does not apply to the claim of obesity or weight gain that is based on:
a. A material violation of an adulteration or misbranding requirement prescribed by
state or federal statute, rule, or ordinance and the claimed injury was proximately
caused by the violation; or
b. Any other material violation of federal or state law applicable to the
manufacturing, marketing, distribution, advertising, labeling, or sale of food,
provided that the violation is knowing and willful, and the claimed injury was
proximately caused by the violation.