Personal Responsibility in Food Consumption Act of 2005

Fact Sheet API

Bill Number

HR 554

Introduced

Feb 2, 2005

Latest Action

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 254.

Sponsor

Cosponsors

Topics

Advertising Agriculture and Food Beverages Civil actions and liability Commerce Damages Discovery (Law) District courts Evidence (Law) Food industry Food safety Government Operations and Politics Health Injunctions Jurisdiction Law Obesity Products liability Soft drink industry State courts State laws Trade associations

Full Text

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Votes

Summary

Personal Responsibility in Food Consumption Act of 2005 - Prohibits new and dismisses pending civil actions by any person against a manufacturer, marketer, distributor, advertiser, or seller of food or a trade association for any injury related to a person's accumulated acts of consumption of food and weight gain, obesity, or any associated health condition, excluding actions alleging: (1) a breach of express contract or express warranty provided that the grounds of recovery are unrelated to a person's weight gain, obesity, or related health condition; (2) a knowing violation of a federal or state statute applicable to the marketing, advertisement, or labeling of food with intent for a person to rely on that violation, where such person relied on that violation, and where such reliance was the proximate cause of injury related to that person's weight gain, obesity, or related health condition; or (3) a violation brought by the Federal Trade Commission (FTC) under the Federal Trade Commission Act or by the Food and Drug Administration (FDA) under the Federal Food, Drug, and Cosmetic Act.

Requires in any excluded action: (1) a stay of discovery during the pendency of any motion to dismiss, unless necessary to preserve evidence or to prevent undue prejudice; and (2) evidence preservation during the stay. Requires the complaint in such an action to plead with particularity for each defendant and cause of action: (1) each element of the cause of action and the specific facts alleged to satisfy each element of the cause of action; (2) the federal and state statutes that allegedly create the cause of action; and (3) the exception under this Act that is being relied upon and the specific facts that allegedly satisfy the requirements of that exception.

Actions

Oct 21, 2005

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 254.
Oct 20, 2005

Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Oct 19, 2005

Motion to reconsider laid on the table Agreed to without objection.
Oct 19, 2005

On passage Passed by the Yeas and Nays: 306 - 120 (Roll no. 533).
Oct 19, 2005

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 306 - 120 (Roll no. 533).
Oct 19, 2005

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.
Oct 19, 2005

The previous question was ordered pursuant to the rule. (consideration: CR H8939)
Oct 19, 2005

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 554.
Oct 19, 2005

UNFINSHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
Oct 19, 2005

POSTPONED PROCEEDINGS - At the conclusion of debate on the Waxman amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Waxman demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
Oct 19, 2005

DEBATE - Pursuant to the provisions of H. Res. 449, the Committee of the Whole proceeded with 10 minutes of debate on the Waxman amendment.
Oct 19, 2005

POSTPONED PROCEEDINGS - 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.
Oct 19, 2005

DEBATE - Pursuant to the provisions of H. Res. 449, the Committee of the Whole proceeded with 10 minutes of debate on the Scott (VA) amendment.
Oct 19, 2005

POSTPONED PROCEEDINGS - At the conclusion of debate on the Filner amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Filner demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
Oct 19, 2005

DEBATE - Pursuant to the provisions of H. Res. 449, the Committee of the Whole proceeded with 10 minutes of debate on the Filner amendment.
Oct 19, 2005

POSTPONED PROCEEDINGS - 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.
Oct 19, 2005

DEBATE - Pursuant to the provisions of H. Res. 449, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson-Lee amendment.
Oct 19, 2005

DEBATE - Pursuant to the provisions of H. Res. 494, the Committee of the Whole proceeded with 10 minutes of debate on the Sensenbrenner amendment.
Oct 19, 2005

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 554.
Oct 19, 2005

The Speaker designated the Honorable Candice S. Miller to act as Chairwoman of the Committee.
Oct 19, 2005

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 494 and Rule XVIII.
Oct 19, 2005

Rule provides for consideration of H.R. 554 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
Oct 19, 2005

Considered under the provisions of rule H. Res. 494. (consideration: CR H8925-8940; text of measure as reported in House: CR H8930-8931)
Oct 18, 2005

Rule H. Res. 494 passed House.
Oct 17, 2005

Rules Committee Resolution H. Res. 494 Reported to House. Rule provides for consideration of H.R. 554 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
Jun 14, 2005

Placed on the Union Calendar, Calendar No. 75.
Jun 14, 2005

Reported (Amended) by the Committee on Judiciary. H. Rept. 109-130.
May 25, 2005

Ordered to be Reported (Amended) by the Yeas and Nays: 16 - 8.
May 25, 2005

Committee Consideration and Mark-up Session Held.
May 20, 2005

Subcommittee on Commercial and Administrative Law Discharged.
Mar 2, 2005

Referred to the Subcommittee on Commercial and Administrative Law.
Feb 2, 2005

Referred to the House Committee on the Judiciary.
Feb 2, 2005

Introduced in House

Amendments

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