(4) QUALIFIED PRODUCT.—The term ‘‘qualified 
product’’ means a food (as defined in section 201(f) 
of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 321(f))). 
(5) QUALIFIED
CIVIL
LIABILITY
ACTION.—The 
term ‘‘qualified civil liability action’’ means a civil 
action brought by any person against a manufacturer 
or seller of a qualified product, or a trade association, 
for damages, penalties, declaratory judgment, injunc-
tive or declaratory relief, restitution, or other relief 
arising out of, related to, or resulting in injury or po-
tential injury resulting from a person’s consumption 
of a qualified product and weight gain, obesity, or 
any health condition that is associated with a per-
son’s weight gain or obesity, including an action 
brought by a person other than the person on whose 
weight gain, obesity, or health condition the action is 
based, and any derivative action brought by or on be-
half of any person or any representative, spouse, par-
ent, child, or other relative of any person, but shall 
not include—
(A) an action in which a manufacturer or 
seller of a qualified product knowingly and will-
fully violated a Federal or State statute applica-
ble to the manufacturing, marketing, distribu-
tion, advertisement, labeling, or sale of the prod-
uct, and the violation was a proximate cause of 
injury related to a person’s weight gain, obesity, 
or any health condition associated with a per-
son’s weight gain or obesity; 
(B) an action for breach of express contract 
or express warranty in connection with the pur-
chase of a qualified product; or 
(C) an action regarding the sale of a quali-
fied product which is adulterated (as described 
in section 402 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 342)). 
(6) SELLER.—The term ‘‘seller’’ means, with re-
spect to a qualified product, a person lawfully en-
gaged in the business of marketing, distributing, ad-
vertising, or selling a qualified product in interstate 
or foreign commerce. 
(7) STATE.—The term ‘‘State’’ includes each of 
the several States of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Vir-
gin Islands, Guam, American Samoa, and the Com-
monwealth of the Northern Mariana Islands, and any 
other territory or possession of the United States, and 
any political subdivision of any such place.
(8) TRADE ASSOCIATION.—The term ‘‘trade asso-
ciation’’ means any association or business organiza-
tion (whether or not incorporated under Federal or 
State law) that is not operated for profit, and 2 or 
more members of which are manufacturers, marketers, 
distributors, advertisers, or sellers of a qualified prod-
uct.
Amend the title so as to read: ‘‘A bill to prevent leg-
islative and regulatory functions from being usurped by 
civil liability actions brought or continued against food 
manufacturers, marketers, distributors, advertisers, sell-
ers, 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.’’.
Union Calendar No. 248
108TH CONGRESS 
2D SESSION 
H. R. 339
[Report No. 108–432] 
A BILL 
To prevent frivolous lawsuits against the manufac-
turers, distributors, or sellers of food or non-alco-
holic beverage products that comply with applica-
ble statutory and regulatory requirements. 
MARCH 5, 2004
Reported with amendments, committed to the Committee 
of the Whole House on the State of the Union, and or-
dered to be printed