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Senate advances bill shielding restaurants and food manufacturers from obesity lawsuits
Summary
First Substitute SB214, which would limit liability for food manufacturers and restaurants in many obesity‑related lawsuits, passed to third reading after debate over labeling safe‑harbor language and potential unintended consequences.
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First Substitute Senate Bill 214, a measure to limit certain obesity‑related lawsuits against food manufacturers and restaurants, moved to the Senate’s third‑reading calendar after floor debate.
Sponsor Senator Stevenson described the measure as a "common sense" approach to emphasize individual responsibility while providing immunity for businesses making ordinary food items. He explained that trial attorneys had proposed a safe‑harbor amendment that would have tied immunity to restaurants’ provision of labeling on request, but that the current substitute reflected a compromise removing that requirement. "The trial attorneys had wanted to put an amendment in here which would exclude the immunity... if a restaurant... provides the label of the food upon request," the sponsor said while summarizing negotiation points in committee.
Opponents and questioners raised two principal concerns: that carving out immunity could produce forum shopping (defendants or plaintiffs seeking other jurisdictions) and that a labeling safe‑harbor could impose burdens on small restaurants. Senator Hilliard offered a cautionary legal example about unintended consequences and litigation moving to other states; Senator Valentine said the bill strikes a reasonable balance for in‑state litigation but acknowledged the risks outlined by colleagues. Another senator noted testimony that there had been few, if any, such lawsuits in Utah and questioned whether statute was pre‑emptive.
After discussion the Senate recorded a roll‑call to move the substitute to third reading; as announced on the floor, the first substitute SB214 received 22 aye votes, 5 no votes, and 2 being absent and was placed on the third‑reading calendar.
Next steps: The bill is scheduled for third reading; senators indicated they expect a few amendments and additional floor consideration in a subsequent session.
