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You Want Fries With That? New North Carolina Law Restricts Obesity Related Tort Claims

by Christian H. Staples
Shumaker, Loop & Kendrick, LLP - Charlotte Office

October 15, 2013

Previously published on October 9, 2013

North Carolina House Bill 683, known as the Commonsense Consumption Act (“Act”), became effective on October 1, 2013. The Act contains two main provisions. First, it provides that no city or county ordinance may prohibit the sale of soft drinks above a certain size. For this reason, the Act has been jokingly referred to as the “Big Gulp” Act (in reference to the 7-Eleven® signature drink size). Second, and more importantly, the Act shields manufacturers, distributors, sellers, and advertisers from civil liability for claims arising from weight gain, obesity, and other health problems associated with the long-term consumption of food and beverages, provided that certain requirements are met.


The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

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