FMI Urges Congress to Pass Limited Liability Protections

As Congress seeks to wrap up end-of-session legislative items, FMI–The Food Industry Association is urging Congress to pass limited liability protections that would protect supermarkets and other businesses from coronavirus-related lawsuits.

Discussions on limited liability began in July.

“I cannot state strongly enough how critical it is that Congress provides limited, temporary liability protections that recognize the extraordinary efforts made by supermarkets and food industry associates to follow government guidance and keep associates and customers safe during the pandemic,” said Leslie Sarasin, president and CEO of FMI—The Food Industry Association, in a release. “The businesses that have acted in good faith and have implemented best practices that reflect the existing state of science and the resulting government safety directives should not have to face lawsuits that second guess after the fact those directives and industry’s efforts to implement them. There simply cannot be a successful economic recovery without these protections. The food industry calls on Congress to pass limited liability before the end of the year.”

On Dec. 9, a bipartisan group of House and Senate lawmakers revealed details of a $908 billion coronavirus relief bill, including a $300 weekly boost to unemployment insurance benefits for 16 weeks. The bill has reached a stalemate, however, as Senate Majority Leader Mitch McConnell said GOP senators would not support $160 billion in state and local funds as part of a potential tradeoff in the deal, the Associated Press reported. 

McConnell’s staff conveyed to top negotiators Dec. 11 that he sees no path to agreement on a key aspect of the existing proposal: a slimmed-down version of the liability shield that he wants for companies and organizations facing potential COVID-19 lawsuits in exchange for the state and local funds that Democrats want.

Meanwhile, a $916 billion White House proposal issued Dec. 8 by Treasury Secretary Steven Mnuchin included both liability reform and aid to state and local governments, but did not include a weekly enhancement of jobless benefits and would instead issue a one-time $600 stimulus check to Americans, ABC reported.

"The president's proposal starts by cutting the unemployment insurance proposal being discussed by bipartisan members of the House and Senate from $180 billion to $40 billion. That is unacceptable," House Speaker Nancy Pelosi and Senate Minority Leader Chuck Schumer said in a joint statement Dec. 8. "While it is progress that Leader McConnell has signed off on a $916 billion offer that is based off of the bipartisan framework, the president's proposal must not be allowed to obstruct the bipartisan Congressional talks that are underway. Members of the House and Senate have been engaged in good-faith negotiations and continue to make progress."