Okla. Stat. tit. 76, § 76-41: Weight gain or obesity civil liability restricted -

Exceptions.

A. Except as provided in subsection B of this section, a

manufacturer, packer, distributor, carrier, holder, seller, marketer

or advertiser of a food, as defined in Section 201(f) of the Federal

Food, Drug and Cosmetic Act (21 U.S.C., Section 321(f)), or an

association of one or more such entities, shall not be subject to

civil liability arising under any law of this state, including all

statutes, regulations, rules, common law, public policies, court or

administrative decisions or decrees, or other state action having

the effect of law, for any claim arising out of weight gain,

obesity, or a health condition associated with weight gain or

obesity.

B. Subsection A of this section shall not preclude civil

liability if the claim of weight gain, obesity, or a health

condition associated with weight gain or obesity, is based on:

1. A material violation of an adulteration or misbranding

requirement prescribed by statute or regulation of this state or the

United States of America and the claimed injury was proximately

caused by such violation; or

2. Any other material violation of federal or state law

applicable to the manufacturing, marketing, distribution,

advertising, labeling, or sale of food, provided that such violation

is knowing and willful, and the claimed injury was proximately

caused by such violation.

C. In any action exempted under paragraph 1 of subsection B of

this section, the complaint initiating such action shall state with

particularity the following: the statute, regulation or other law

of this state or of the United States that was allegedly violated;

the facts that are alleged to constitute a material violation of

such statute or regulation; and the facts alleged to demonstrate

that such violation proximately caused actual injury to the

plaintiff. In any action exempted under paragraph 2 of subsection B

of this section, in addition to the foregoing pleading requirements,

the complaint initiating such action shall state with particularity

facts sufficient to support a reasonable inference that the

violation was with intent to deceive or injure consumers or with the

actual knowledge that such violation was injurious to consumers.

For purposes of applying the Common Sense Consumption Act, the

foregoing pleading requirements are hereby deemed part of the

substantive law of this state and not merely in the nature of

procedural provisions.

D. In any action exempted under subsection B of this section,

all discovery and other proceedings shall be stayed during the

pendency of any motion to dismiss unless the court finds upon the

motion of any party that particularized discovery is necessary to

preserve evidence or to prevent undue prejudice to that party.

During the pendency of any stay of discovery pursuant to this

subsection, unless otherwise ordered by the court, any party to the

action with actual notice of the allegations contained in the

complaint shall treat all documents, data compilations, including

electronically recorded or stored data, and tangible objects that

are in the custody or control of such party and that are relevant to

the allegations, as if they were the subject of a continuing request

for production of documents from an opposing party under Section

3234 of Title 12 of the Oklahoma Statutes.

E. The provisions of the Common Sense Consumption Act shall

apply to all covered claims pending on the effective date of this

act, and all claims filed thereafter, regardless of when the claim

arose.