(a) No manufacturer, seller, trade association, agricultural producer, wholesaler, broker or retailer of a qualified product is subject to civil liability for injury or death in any case in which liability is based on the individual's weight gain, obesity or a health condition related to weight gain or obesity, and the weight gain, obesity or health condition results from the individual's long term consumption of a qualified product.
(b) Subsection (a) of this section shall not preclude civil liability if:
(i) The claim of injury or death is based on a material violation of a composition, branding or labeling standard prescribed by state or federal law; and (A) The claimed injury or death was actually and proximately caused by that violation; and (B) The violation was committed with intent to deceive or injure consumers or with actual knowledge that the violation was injurious to consumers.