North Carolina May Shield Firms from Obesity Lawsuits

July 11, 2013

North Carolina companies that manufacture, advertise or distribute food could soon have additional legal protections from lawsuits by people claiming their products led to their obesity.

The House voted 99-16 this week in favor of minor Senate changes to legislation barring civil actions on claims that long-term consumption of food or drinks led to excessive weight gain and health problems. Gov. Pat McCrory next gets the legislation for his signature to become law.

The “Commonsense Consumption Act” makes clear local governments can’t pass ordinances like one passed in New York City prohibiting the sale of large soft drinks.

North Carolina is one of handful of states that follows the tort of contributory negligence, in which a plaintiff recovers nothing even if only slightly to blame for what happened.