Chapter 12 - § 12.4 • COMMONSENSE CONSUMPTION ACT

• Jurisdiction: Colorado

§ 12.4 • COMMONSENSE CONSUMPTION ACT

In 2004, the Colorado legislature passed the "Commonsense Consumption Act," which prohibits most liability claims related to the long-term consumption of food.³³ Between 2004 and 2012, 25 different states passed commonsense consumption acts, many similar to Colorado's act.³⁴ Although on the books for a decade, there are no published cases that discuss Colorado's Common Sense Consumption Act.

The Commonsense Consumption Act provides immunity to "a manufacturer, packer, distributor, carrier, holder, or seller" of food for any claims "arising from weight gain, obesity, a health condition associated with weight gain or obesity, or other injury caused by or likely to result from the long-term consumption of the food."³⁵ The Act permits litigation for injuries resulting from a single instance of consumption.³⁶ And it permits claims for injuries other than those related to obesity/weight gain, if those injuries were caused by the long-term consumption of the food if such injuries were proximately caused by a knowing and willful material violation of applicable state or federal law on composition, branding, or labeling.³⁷ If such a claim is alleged (i.e., a claim that a non-obesity-weight gain injury resulted from a defendant's violation of a legal duty), the Act requires that the plaintiff plead the claim or claims with particularity, as set forth in the statute.³⁸ And with certain exceptions, the court should stay discovery pending the ruling on the motion to dismiss.³⁹

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Notes:

^[33] C.R.S. §§ 13-21-1101, et seq.

^[34] Cara L. Wilking & Richard A. Daynard, Ph.D, "Beyond Cheeseburgers: The Impact of Commonsense Consumption Acts on Future Obesity-Related Lawsuits," 68 Food & Drug L.J. 229, 230 (2013).

^[35] C.R.S. § 13-21-1104(1).

^[36] See C.R.S. § 13-21-1103(3).

^[37] C.R.S. §§ 13-21-1104(2) and -1105(2).

^[38] C.R.S. § 13-31-1105.

^[39] C.R.S. § 13-21-1106.