Current through Public Act 103-1052
Section 745 ILCS 43/15 - ExceptionsA qualified civil liability action shall not include:
(a) an action in which a seller of a qualified product knowingly and willfully violated a federal or State statute applicable to the marketing, distribution, advertisement, labeling, or sale of the product, and the violation was a proximate cause of the claim of injury resulting from a person's weight gain, obesity, or health condition related to weight gain or obesity;(b) an action for breach of contract or express warranty in connection with the purchase of a qualified product; or (c) an action regarding the sale of a qualified product which is adulterated (as described in Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342)). Added by P.A. 093-0848, § 15, eff. 1/1/2005.