Section 138.002 - Civil Action Prohibited(a) Except as otherwise provided by this section, a manufacturer, seller, trade association, livestock producer, or agricultural producer is not liable under any law of this state for any claim arising out of weight gain or obesity, a health condition associated with weight gain or obesity, or any other generally known condition allegedly caused by or allegedly likely to result from the long-term consumption of food, including:(1) an action brought by a person other than the individual on whose weight gain, obesity, or health condition the action is based; and(2) any derivative action brought by or on behalf of any individual or any representative, spouse, parent, child, or other relative of any individual.(b) This section does not prohibit a person from bringing:(1) an action in which: (A) a manufacturer or seller of a food knowingly and wilfully violates a federal or state statute applicable to the manufacturing, marketing, distribution, advertisement, labeling, or sale of the food; and(B) the violation is a proximate cause of injury related to an individual's weight gain or obesity or any health condition associated with an individual's weight gain or obesity; or(2) an action brought:(A) under Chapter 431, Health and Safety Code; or(B) by the attorney general under Section 17.47, Business & Commerce Code.(c) This section does not create a cause of action.Tex. Civ. Prac. and Rem. Code § 138.002
Added by Acts 2005, 79th Leg., Ch. 906, Sec. 1, eff. 6/18/2005.