{"data":{"id":"us-ok/okla.-stat.-tit.-76-76-41","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 76, § 76-41","heading":"Weight gain or obesity civil liability restricted -","body":"Exceptions.\n\nA. Except as provided in subsection B of this section, a\n\nmanufacturer, packer, distributor, carrier, holder, seller, marketer\n\nor advertiser of a food, as defined in Section 201(f) of the Federal\n\nFood, Drug and Cosmetic Act (21 U.S.C., Section 321(f)), or an\n\nassociation of one or more such entities, shall not be subject to\n\ncivil liability arising under any law of this state, including all\n\nstatutes, regulations, rules, common law, public policies, court or\n\nadministrative decisions or decrees, or other state action having\n\nthe effect of law, for any claim arising out of weight gain,\n\nobesity, or a health condition associated with weight gain or\n\nobesity.\n\nB. Subsection A of this section shall not preclude civil\n\nliability if the claim of weight gain, obesity, or a health\n\ncondition associated with weight gain or obesity, is based on:\n\n1. A material violation of an adulteration or misbranding\n\nrequirement prescribed by statute or regulation of this state or the\n\nUnited States of America and the claimed injury was proximately\n\ncaused by such violation; or\n\n2. Any other material violation of federal or state law\n\napplicable to the manufacturing, marketing, distribution,\n\nadvertising, labeling, or sale of food, provided that such violation\n\nis knowing and willful, and the claimed injury was proximately\n\ncaused by such violation.\n\nC. In any action exempted under paragraph 1 of subsection B of\n\nthis section, the complaint initiating such action shall state with\n\nparticularity the following: the statute, regulation or other law\n\nof this state or of the United States that was allegedly violated;\n\nthe facts that are alleged to constitute a material violation of\n\nsuch statute or regulation; and the facts alleged to demonstrate\n\nthat such violation proximately caused actual injury to the\n\nplaintiff. In any action exempted under paragraph 2 of subsection B\n\nof this section, in addition to the foregoing pleading requirements,\n\nthe complaint initiating such action shall state with particularity\n\nfacts sufficient to support a reasonable inference that the\n\nviolation was with intent to deceive or injure consumers or with the\n\nactual knowledge that such violation was injurious to consumers.\n\nFor purposes of applying the Common Sense Consumption Act, the\n\nforegoing pleading requirements are hereby deemed part of the\n\nsubstantive law of this state and not merely in the nature of\n\nprocedural provisions.\n\nD. In any action exempted under subsection B of this section,\n\nall discovery and other proceedings shall be stayed during the\n\npendency of any motion to dismiss unless the court finds upon the\n\nmotion of any party that particularized discovery is necessary to\n\npreserve evidence or to prevent undue prejudice to that party.\n\nDuring the pendency of any stay of discovery pursuant to this\n\nsubsection, unless otherwise ordered by the court, any party to the\n\naction with actual notice of the allegations contained in the\n\ncomplaint shall treat all documents, data compilations, including\n\nelectronically recorded or stored data, and tangible objects that\n\nare in the custody or control of such party and that are relevant to\n\nthe allegations, as if they were the subject of a continuing request\n\nfor production of documents from an opposing party under Section\n\n3234 of Title 12 of the Oklahoma Statutes.\n\nE. The provisions of the Common Sense Consumption Act shall\n\napply to all covered claims pending on the effective date of this\n\nact, and all claims filed thereafter, regardless of when the claim\n\narose.","path":["OK Code","Title 76"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os76.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"bd836fc73ed4fdfbf4e82a26b1a2993d89e56b52e7683000e7f5eef6719828f4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-76-76-40","next":"us-ok/okla.-stat.-tit.-76-76-5"},"notice":"GroundRules: Original legal text. Not legal advice."}