(745 ILCS 43/15)
Sec. 15. Exceptions. A qualified civil liability action shall not
include:
(a) an action in which a seller of a qualified product
knowingly
and willfully violated a federal or State statute applicable to the
marketing, distribution, advertisement, labeling, or sale of the product, and
the violation
was a proximate cause of the claim of injury resulting from a person's weight
gain,
obesity, or health condition related to weight gain or obesity;
(b) an action for breach of contract or express warranty in connection with
the
purchase of a qualified product; or
(c) an action regarding the sale of a qualified product which is adulterated
(as
described in Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
342)).
(Source: P.A. 93-848, eff. 1-1-05.) |