26-2-431. Definitions.

As used in this article, the term:

“Claim” means any claim by or on behalf of a natural person, as well as any derivative or other claim arising therefrom asserted by or on behalf of any other person.#

“Federal act” means the Federal Food, Drug, and Cosmetic Act (Title 21 U.S.C. Section 301, et seq., 52 Stat. Section 1040, et seq.).#

“Generally known condition allegedly caused by or allegedly likely to result from long-term consumption” means a condition generally known to result or likely to result from the cumulative effect of consumption and not from a single instance of consumption.#

“Knowing and willful” means that:#

1. (A)

   The conduct constituting a violation of federal or state law was committed with the intent to deceive or injure consumers or with actual knowledge that such conduct was injurious to consumers; and#

2. (B)

   The conduct constituting such violation was not required by regulations, orders, rules, or other pronouncement of, or any statute administered by, a federal, state, or local government agency.#

“Other person” means any individual, corporation, company, association, firm, partnership, society, joint-stock company, or other entity, including any governmental entity or private attorney general.#