2004 House Bill 5809 / Public Act 367

Ban obesity lawsuits

Introduced in the House

April 22, 2004

Introduced by Rep. David Palsrok (R-101)

To ban lawsuits against food producers or restaurants by individuals who contend that those businesses, rather than the person’s own actions, caused him or her to become obese.

Referred to the Committee on Commerce

May 13, 2004

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

May 19, 2004

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

Amendment offered by Rep. James Koetje (R-86)

To clarify that the liability exemption applies to promoters of food products as well as food manufacturers, packers, distributors, carriers, holders, sellers, marketers, and or advertisers.

The amendment passed by voice vote

Amendment offered by Rep. James Koetje (R-86)

To also prohibit class action obesity lawsuits filed by local governments.

The amendment passed by voice vote

Amendment offered by Rep. Frank Accavitti (D-42)

To tie-bar the bill to House Bill 4441, meaning this bill cannot become law unless that one does also. HB 4441 would ban the sale of candy, pop, and high-fat snacks in public schools.

The amendment failed 46 to 59 (details)

Amendment offered by Rep. Paul Condino (D-35)

To limit the exemption from obesity lawsuits to restaurants that have fully disclosed the ingredients and number of fat grams contained in their food products.

The amendment failed 48 to 58 (details)

Passed in the House 65 to 38 (details)

To ban lawsuits against food manufacturers, packers, distributors, carriers, holders, sellers, marketers, promoters, advertisers or restaurants, filed by persons or local governments who contend that those businesses, rather than an individual's own actions, caused a person to become obese.

Received in the Senate

May 20, 2004

Referred to the Committee on Commerce and Labor

Sept. 15, 2004

Reported without amendment

With the recommendation that the bill pass.

Sept. 22, 2004

Amendment offered by Sen. Virg Bernero (D-23)

To require fast-food restaurants to publicly display the grams of fat, grams of saturated fat, and number of calories contained in each primary menu item, and the serving sizes on which these figures are based.

The amendment failed 16 to 22 (details)

Passed in the Senate 34 to 4 (details)

To ban lawsuits against food manufacturers, packers, distributors, carriers, holders, sellers, marketers, promoters, advertisers or restaurants, filed by persons or local governments who contend that those businesses, rather than an individual's own actions, caused a person to become obese.

Signed by Gov. Jennifer Granholm

Oct. 7, 2004