{"data":{"id":"us-tx/tex.-civil-practice-and-remedies-code-138.002","jurisdiction":"us-tx","citation":"Tex. Civil Practice and Remedies Code § 138.002","heading":"CIVIL ACTION PROHIBITED.","body":"(a) Except as otherwise provided by this section, a manufacturer, seller, trade association, livestock producer, or agricultural producer is not liable under any law of this state for any claim arising out of weight gain or obesity, a health condition associated with weight gain or obesity, or any other generally known condition allegedly caused by or allegedly likely to result from the long-term consumption of food, including:\n(1) an action brought by a person other than the individual on whose weight gain, obesity, or health condition the action is based; and\n(2) any derivative action brought by or on behalf of any individual or any representative, spouse, parent, child, or other relative of any individual.\n(b) This section does not prohibit a person from bringing:\n(1) an action in which:\n(A) a manufacturer or seller of a food knowingly and wilfully violates a federal or state statute applicable to the manufacturing, marketing, distribution, advertisement, labeling, or sale of the food; and\n(B) the violation is a proximate cause of injury related to an individual's weight gain or obesity or any health condition associated with an individual's weight gain or obesity; or\n(2) an action brought:\n(A) under Chapter 431, Health and Safety Code; or\n(B) by the attorney general under Section 17.47, Business \u0026 Commerce Code.\n(c) This section does not create a cause of action.\nAdded by Acts 2005, 79th Leg., Ch. 906 (H.B. 107), Sec. 1, eff. June 18, 2005.","path":["CIVIL PRACTICE AND REMEDIES CODE","TITLE 6. MISCELLANEOUS PROVISIONS","CHAPTER 138. PERSONAL RESPONSIBILITY FOR FOOD CONSUMPTION"],"source_url":"https://statutes.capitol.texas.gov/Docs/CP/htm/CP.138.htm#138.002","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:00Z","sha256":"571f79671fbff4296992e486c0c8e557a94c8eb74fafe9b856789a70345ca6d6","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-civil-practice-and-remedies-code-138.001","next":"us-tx/tex.-civil-practice-and-remedies-code-138.003"},"notice":"GroundRules: Original legal text. Not legal advice."}