KRS 411.610: Immunity from liability for condition arising due to long -term

consumption of food -- Exceptions.

A food establishment, or an association of one (1) or more food establishments, shall not

be subject to civil liability for any claim arising out of weig ht gain, obesity, a health

condition associated with weight gain or obesity, or other generally known condition

allegedly caused by or allegedly likely to result from long -term consumption of food,

except where the claim:

(1) Includes as an element of the cause of action a material violation of an adulteration

or misbranding requirement prescribed by federal or state statute or regulation, and

the claimed injury was proximately caused by the violation. Nothing in this

subsection shall be construed to create new or expand existing private rights, if any,

under adulteration or misbranding statutes or regulations, nor shall this subsection

be construed to interfere with any agency's exclusive or primary jurisdiction to find

or declare violations of those statutes or regulations; or

(2) Is based on any other material violation of federal or state law applicable to the

manufacturing, marketing, distribution, advertising, labeling, or sale of food, if the

violation was a knowing and willful violation, and the claim ed injury was

proximately caused by the violation.