H R 339 in Congressional Session 108

Official Summary

 

Bill Number : H R 339

 

Title : To prevent legislative and regulatory functions from being usurped by civil liability actions brought or continued against food manufacturers, marketers, distributors, advertisers, sellers, and trade associations for claims of injury relating to a person's weight gain, obesity, or any health condition associated with weight gain or obesity.

 

SUMMARY AS OF:
3/10/2004--Passed House amended.    (There are 2 other summaries) Personal Responsibility in Food Consumption Act - Prohibits new and dismisses pending civil actions by any person against a manufacturer or seller of food or a trade association for any injury resulting from a person's consumption of food and weight gain, obesity, or any associated health condition, excluding actions alleging: (1) a knowing and willful violation of a Federal or State statute applicable to the manufacturing, marketing, distribution, advertisement, labeling, or sale of food where the violation was a proximate cause of injury related to a person's weight gain, obesity, or related health condition; (2) a breach of express contract or express warranty in connection with the purchase of food; or (3) a violation under the Federal Trade Commission Act or the Federal Food, Drug, and Cosmetic Act. Requires: (1) a stay of discovery during the pendency of a motion to dismiss an action described in clause 1 or 2 above, unless necessary to preserve evidence or to prevent undue prejudice; and (2) document preservation during the stay. Requires the complaint in an action described in clause 1 above to plead with particularity the Federal and State statutes that were allegedly violated and the facts that are alleged to have proximately caused the injury claimed.

Votes

Title : To prevent legislative and regulatory functions from being usurped by civil liability actions brought or continued against food manufacturers, marketers, distributors, advertisers, sellers, and trade associations for claims of injury relating to a person's weight gain, obesity, or any health condition associated with weight gain or obesity.
Votes in the US Senate
This Bill was not Voted in the US Senate
Votes in the US House
Roll NumberVote DateQuestionDescriptionVote Result
542004-03-10On Passage Personal Responsibility in Food Consumption ActP
512004-03-10On Agreeing to the Amendment Ackerman of New York AmendmentF
502004-03-10On Agreeing to the Amendment Andrews of New Jersey AmendmentF
482004-03-10On Agreeing to the Amendment Scott of Virginia AmendmentF

Sponsors

 
Congressional Sponsors of H R 339
 
Bill Number : H R 339
Title : To prevent legislative and regulatory functions from being usurped by civil liability actions brought or continued against food manufacturers, marketers, distributors, advertisers, sellers, and trade associations for claims of injury relating to a person's weight gain, obesity, or any health condition associated with weight gain or obesity.
Sponsor: Rep Keller, Ric [FL-8] (introduced 1/27/2003)      
, ALPHABETICAL [followed by Cosponsors withdrawn]:     (Sort: by date)

    Rep Akin, W. Todd [MO-2] - 2/13/2003

    Rep Bachus, Spencer [AL-6] - 2/11/2004

    Rep Baker, Richard H. [LA-6] - 2/4/2003

    Rep Ballenger, Cass [NC-10] - 9/4/2003

    Rep Barrett, J. Gresham [SC-3] - 2/26/2003

    Rep Beauprez, Bob [CO-7] - 3/1/2004

    Rep Berkley, Shelley [NV-1] - 12/8/2003

    Rep Biggert, Judy [IL-13] - 1/27/2003

    Rep Bilirakis, Michael [FL-9] - 9/23/2003

    Rep Blackburn, Marsha [TN-7] - 5/1/2003

    Rep Blunt, Roy [MO-7] - 2/11/2003

    Rep Boehner, John A. [OH-8] - 3/19/2003

    Rep Bonilla, Henry [TX-23] - 4/3/2003

    Rep Bradley, Jeb [NH-1] - 9/16/2003

    Rep Brady, Kevin [TX-8] - 9/25/2003

    Rep Brown-Waite, Ginny [FL-5] - 3/6/2003

    Rep Burgess, Michael C. [TX-26] - 11/18/2003

    Rep Burns, Max [GA-12] - 2/25/2004

    Rep Calvert, Ken [CA-44] - 6/18/2003

    Rep Cannon, Chris [UT-3] - 2/26/2003

    Rep Capito, Shelley Moore [WV-2] - 10/2/2003

    Rep Cardoza, Dennis A. [CA-18] - 3/4/2004

    Rep Carter, John R. [TX-31] - 4/3/2003

    Rep Chabot, Steve [OH-1] - 4/3/2003

    Rep Chocola, Chris [IN-2] - 1/28/2003

    Rep Cole, Tom [OK-4] - 2/4/2003

    Rep Cox, Christopher [CA-48] - 2/26/2004

    Rep Crenshaw, Ander [FL-4] - 1/27/2003

    Rep Cubin, Barbara [WY] - 3/18/2003

    Rep Davis, Jo Ann [VA-1] - 5/1/2003

    Rep DeLay, Tom [TX-22] - 2/11/2003

    Rep DeMint, Jim [SC-4] - 3/19/2003

    Rep Diaz-Balart, Mario [FL-25] - 1/28/2003

    Rep Doolittle, John T. [CA-4] - 6/18/2003

    Rep Emerson, Jo Ann [MO-8] - 9/17/2003

    Rep Everett, Terry [AL-2] - 9/16/2003

    Rep Feeney, Tom [FL-24] - 1/28/2003

    Rep Ferguson, Mike [NJ-7] - 3/2/2004

    Rep Foley, Mark [FL-16] - 2/26/2003

    Rep Forbes, J. Randy [VA-4] - 2/4/2003

    Rep Ford, Harold E., Jr. [TN-9] - 10/20/2003

    Rep Franks, Trent [AZ-2] - 2/5/2003

    Rep Gallegly, Elton [CA-24] - 5/1/2003

    Rep Garrett, Scott [NJ-5] - 9/30/2003

    Rep Goode, Virgil H., Jr. [VA-5] - 5/1/2003

    Rep Goodlatte, Bob [VA-6] - 5/1/2003

    Rep Goss, Porter J. [FL-14] - 3/25/2003

    Rep Graves, Sam [MO-6] - 1/27/2003

    Rep Green, Mark [WI-8] - 7/24/2003

    Rep Greenwood, James C. [PA-8] - 9/16/2003

    Rep Hall, Ralph M. [TX-4] - 2/24/2004

    Rep Harris, Katherine [FL-13] - 3/5/2003

    Rep Hart, Melissa A. [PA-4] - 2/4/2003

    Rep Hastings, Doc [WA-4] - 2/27/2003

    Rep Hensarling, Jeb [TX-5] - 9/17/2003

    Rep Herger, Wally [CA-2] - 6/23/2003

    Rep Hobson, David L. [OH-7] - 3/25/2003

    Rep Hoekstra, Peter [MI-2] - 3/19/2003

    Rep Isakson, Johnny [GA-6] - 2/26/2003

    Rep Issa, Darrell E. [CA-49] - 1/28/2003

    Rep Janklow, William J. [SD] - 3/18/2003

    Rep John, Christopher [LA-7] - 2/11/2004

    Rep Kennedy, Mark R. [MN-6] - 7/23/2003

    Rep Kirk, Mark Steven [IL-10] - 2/4/2003

    Rep Kline, John [MN-2] - 7/18/2003

    Rep Knollenberg, Joe [MI-9] - 9/17/2003

    Rep LaHood, Ray [IL-18] - 10/24/2003

    Rep Lewis, Ron [KY-2] - 3/5/2003

    Rep LoBiondo, Frank A. [NJ-2] - 2/27/2003

    Rep Lucas, Ken [KY-4] - 9/9/2003

    Rep McInnis, Scott [CO-3] - 9/17/2003

    Rep Mica, John L. [FL-7] - 1/28/2003

    Rep Miller, Jeff [FL-1] - 1/28/2003

    Rep Musgrave, Marilyn N. [CO-4] - 9/17/2003

    Rep Nethercutt, George R., Jr. [WA-5] - 9/25/2003

    Rep Ney, Robert W. [OH-18] - 1/27/2003

    Rep Northup, Anne M. [KY-3] - 9/17/2003

    Rep Osborne, Tom [NE-3] - 2/5/2003

    Rep Otter, C. L. (Butch) [ID-1] - 7/16/2003

    Rep Oxley, Michael G. [OH-4] - 2/26/2003

    Rep Pearce, Stevan [NM-2] - 9/25/2003

    Rep Pence, Mike [IN-6] - 1/28/2003

    Rep Peterson, Collin C. [MN-7] - 1/27/2003

    Rep Petri, Thomas E. [WI-6] - 9/17/2003

    Rep Pitts, Joseph R. [PA-16] - 2/4/2003

    Rep Platts, Todd Russell [PA-19] - 9/15/2003

    Rep Pryce, Deborah [OH-15] - 9/17/2003

    Rep Putnam, Adam H. [FL-12] - 2/4/2003

    Rep Renzi, Rick [AZ-1] - 4/3/2003

    Rep Rogers, Mike D. [AL-3] - 10/8/2003

    Rep Rogers, Mike J. [MI-8] - 6/26/2003

    Rep Ros-Lehtinen, Ileana [FL-18] - 9/25/2003

    Rep Ryan, Paul [WI-1] - 9/17/2003

    Rep Saxton, Jim [NJ-3] - 9/17/2003

    Rep Schrock, Edward L. [VA-2] - 2/4/2003

    Rep Scott, David [GA-13] - 7/23/2003

    Rep Sensenbrenner, F. James, Jr. [WI-5] - 2/13/2003

    Rep Sessions, Pete [TX-32] - 7/14/2003

    Rep Shaw, E. Clay, Jr. [FL-22] - 9/17/2003

    Rep Simmons, Rob [CT-2] - 9/17/2003

    Rep Simpson, Michael K. [ID-2] - 3/1/2004

    Rep Smith, Lamar [TX-21] - 3/18/2003

    Rep Souder, Mark E. [IN-3] - 2/26/2003

    Rep Stearns, Cliff [FL-6] - 2/13/2003

    Rep Stenholm, Charles W. [TX-17] - 3/4/2004

    Rep Sullivan, John [OK-1] - 9/23/2003

    Rep Tancredo, Thomas G. [CO-6] - 9/25/2003

    Rep Terry, Lee [NE-2] - 3/3/2004

    Rep Tiahrt, Todd [KS-4] - 3/25/2003

    Rep Tiberi, Patrick J. [OH-12] - 1/27/2003

    Rep Toomey, Patrick J. [PA-15] - 10/8/2003

    Rep Towns, Edolphus [NY-10] - 9/17/2003

    Rep Upton, Fred [MI-6] - 9/16/2003

    Rep Vitter, David [LA-1] - 9/16/2003

    Rep Wamp, Zach [TN-3] - 2/26/2003

    Rep Weldon, Dave [FL-15] - 2/11/2003

    Rep Wilson, Joe [SC-2] - 2/5/2003

    Rep Young, C.W. Bill [FL-10] - 5/13/2003

    Rep Young, Don [AK] - 7/18/2003

Other Info

Bill Number : H R 339
Title : To prevent legislative and regulatory functions from being usurped by civil liability actions brought or continued against food manufacturers, marketers, distributors, advertisers, sellers, and trade associations for claims of injury relating to a person's weight gain, obesity, or any health condition associated with weight gain or obesity.
 
 
ALL ACTIONS:
 
1/27/2003:Referred to the House Committee on the Judiciary.
 
5/19/2003:Referred to the Subcommittee on Commercial and Administrative Law for purposes of hearing only (jurisdiction retained at Full Committee).
 
6/19/2003:Subcommittee Hearings Held.
 
1/28/2004:Committee Consideration and Mark-up Session Held.
 
1/28/2004:Ordered to be Reported (Amended) by Voice Vote.
 
3/4/2004 1:07pm:Mr. DeLay asked unanimous consent that the Committee on Judiciary have until midnight on March 5 to file a report on H.R. 339. Agreed to without objection.
 
3/5/2004 2:52pm:Reported (Amended) by the Committee on Judiciary. H. Rept. 108-432.
 
3/5/2004 2:52pm:Placed on the Union Calendar, Calendar No. 248.
 
3/9/2004 7:34pm:Rules Committee Resolution H. Res. 552 Reported to House. Rule provides for consideration of H.R. 339 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Specified amendments are in order.
 
3/10/2004 11:57am:Rule H. Res. 552 passed House.
 
3/10/2004 12:22pm:Considered under the provisions of rule H. Res. 552. (consideration: CR H946-982; text of measure as reported in House: CR H953-954)
 
3/10/2004 12:22pm:Rule provides for consideration of H.R. 339 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Specified amendments are in order.
 
3/10/2004 12:22pm:House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 552 and Rule XVIII.
 
3/10/2004 12:22pm:The Speaker designated the Honorable John Abney Culberson to act as Chairman of the Committee.
 
3/10/2004 12:22pm:GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 339.
 
3/10/2004 1:11pm:DEBATE - The Committee of the Whole proceeded with debate on the Sensenbrenner amendment under the five-minute rule.
 
3/10/2004 1:23pm:DEBATE - The Committee of the Whole proceeded with debate on the Scott (VA) amendment under the five-minute rule.
 
3/10/2004 1:38pm:POSTPONED VOTE - At the conclusion of debate on the Scott (VA) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Sensenbrenner demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
 
3/10/2004 1:39pm:DEBATE - The Committee of the Whole proceeded with debate on the Watt amendment under the five-minute rule.
 
3/10/2004 2:03pm:DEBATE - The Committee of the Whole proceeded with debate on the Andrews amendment under the five-minute rule.
 
3/10/2004 2:21pm:POSTPONED VOTE - At the conclusion of debate on the Andrews amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Andrews demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
 
3/10/2004 2:26pm:DEBATE - The Committee of the Whole proceeded with debate on the Inslee amendment under the five-minute rule.
 
3/10/2004 2:46pm:DEBATE - The Committee of the Whole proceeded with debate on the Ackerman amendment under the five-minute rule.
 
3/10/2004 3:23pm:POSTPONED VOTE - At the conclusion of debate on the Ackerman amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Ackerman demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
 
3/10/2004 4:11pm:DEBATE - The Committee of the Whole proceeded with debate on the Lampson amendment under the five-minute rule.
 
3/10/2004 4:27pm:DEBATE - The Committee of the Whole proceeded with debate on the Jackson-Lee amendment under the five-minute rule.
 
3/10/2004 4:41pm:DEBATE - The Committee of the Whole proceeded with debate on the Jackson-Lee amendment under the five-minute rule.
 
3/10/2004 4:54pm:POSTPONED VOTE - At the conclusion of debate on the Jackson-Lee amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Ms. Jackson-Lee demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
 
3/10/2004 4:56pm:DEBATE - The Committee of the Whole proceeded with debate on the Watt amendment under the five-minute rule.
 
3/10/2004 5:11pm:POSTPONED VOTE - At the conclusion of debate on the Watt amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr Watt demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
 
3/10/2004 5:42pm:The House rose from the Committee of the Whole House on the state of the Union to report H.R. 339.
 
3/10/2004 5:43pm:The previous question was ordered pursuant to the rule.
 
3/10/2004 5:43pm:The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
 
3/10/2004 6:00pm:On passage Passed by the Yeas and Nays: 276 - 139 (Roll no. 54).
 
3/10/2004 6:00pm:Motion to reconsider laid on the table Agreed to without objection.
 
3/10/2004 6:00pm:The title of the measure was amended. Agreed to without objection.
 
3/11/2004:Received in the Senate.
 
3/25/2004:Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
 
3/26/2004:Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 463.