Texas § CP.138.002 - CIVIL ACTION PROHIBITED
Full text of Texas The Texas Constitution § CP.138.002 — CIVIL ACTION PROHIBITED, with citation guidance and answers to common questions.
§ CP.138.002. CIVIL ACTION PROHIBITED
CIVIL ACTION PROHIBITED. (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: (1) an action brought by a person other than the individual on whose weight gain, obesity, or health condition the action is based; and (2) any derivative action brought by or on behalf of any individual or any representative, spouse, parent, child, or other relative of any individual. (b) This section does not prohibit a person from bringing: (1) an action in which: (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 (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 (2) an action brought: (A) under Chapter 431 , Health and Safety Code; or (B) by the attorney general under Section 17.47 , Business & Commerce Code. (c) This section does not create a cause of action. Added by Acts 2005, 79th Leg., Ch. 906 (H.B. 107 ), Sec. 1, eff. June 18, 2005.
Frequently Asked Questions About Texas § CP.138.002
What does The Texas Constitution § CP.138.002 cover?
Section CP.138.002 ("CIVIL ACTION PROHIBITED") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § CP.138.002?
A common citation format is "The Texas Constitution § CP.138.002" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § CP.138.002 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.