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ROBERT L. EHRLICH, JR., Governor ' Ch. 397
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CHAPTER 397
(House Bill 829)
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AN ACT concerning
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Civil Actions - Defenses - Sales of Food, Drugs, Cosmetics, and Other
Health-Related Products
FOR the purpose of abolishing in certain civil actions a defense of indirect contact
with the plaintiff person on whose behalf the action is brought for a person that
sells, distributes, or otherwise disposes of food, drugs, cosmetics, and certain
other health-related products; authorizing the person to prove, as a partial or
complete defense against a damage claim, in order to avoid duplicative liability,
that all or any part of an alleged overcharge ultimately was passed on to another
person by a purchaser or seller in the chain of manufacture, production, or
distribution who paid the alleged overcharge; providing for the application of
this Act; allowing the Attorney General to bring certain actions on behalf of
certain persons; establishing that certain actions are presumed superior to
certain class actions; and generally relating to the sale or distribution of foods,
drugs, cosmetics, and other health-related products.
BY adding to
Article - Health - General
Section 21-1114
Annotated Code of Maryland
(2000 Replacement Volume and 2004 Supplement)
BY repealing and reenacting, with amendments,
Article - Commercial Law
Section 11-209(b)(5) and (c)
Annotated Code of Maryland
(2000 Replacement Volume and 2004 Supplement)
BY adding to
Article - Commercial Law
Section 11-209(c)
Annotated Code of Maryland
(2000 Replacement Volume and 2004 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Health - General
21-1114.
IN ANY ACTION BROUGHT BY THE ATTORNEY GENERAL UNDER § 11-209 OF THE
COMMERCIAL LAW ARTICLE, A PERSON THAT SELLS, DISTRIBUTES, OR OTHERWISE
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- 1847 -
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