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Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-433

Current as of March 28, 2024 | Updated by FindLaw Staff

The limitation of liability provided for in Code Section 26-2-432 shall not preclude civil liability that might otherwise exist under the law of this state where the claimed injury does not arise out of weight gain, obesity, health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long-term consumption of food but is instead based on other cognizable injuries arising from:

(1) A material violation of an adulteration or misbranding requirement prescribed by statute or regulation of this state or of the United States and the claimed injury was proximately caused by such violation; or

(2) Any other material violation of federal or state statutes or regulations applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food, provided that such violation is knowing and willful, the claim is brought by a party authorized to bring suit under such law, and the claimed injury was proximately caused by such violation.

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Cite this article: FindLaw.com - Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-433 - last updated March 28, 2024 | https://codes.findlaw.com/ga/title-26-food-drugs-and-cosmetics/ga-code-sect-26-2-433/

Read this complete Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-433 on Westlaw

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