FDA Preemption Ground Zero
Once again, the great State of Michigan will attempt to repeal it's full FDA preemption law which goes back t0 1995. Except for a few flukey instances, no Michigan citizens have been able to file suit against drug companies if their drug has been FDA approved and is in compliance. There are, de facto, no exceptions because of related higher court decisions. That includes a company having committed fraud in the approval or post-approval process.
Two years ago, three bills to repeal our preemption law were passed in the state House by a vote of 70-39, with most but not all Democrats joined by one-third of the Republicans voting against preemption. That parallels state polls, which suggest about 70% of Michiganders are in favor of repealing our preemption law.
The state Senate, which is controlled by a small pro-preemption majority (about 2 votes) killed the bill in committee.
So now we begin again. Below a trio of bills introduced to rescind Michigan's preemption law. A difference between now and 2007 is that many of the pro-preemption Senators will be running for office. You can be certain, whatever the Levine decision, that there will be a great deal of noise coming from the Mitten State on this issue. Keep your ears open.
HB 4316 of 2009 (Lisa Brown) Torts; product liability; limitation on liability for drugs that have been approved by federal food and drug administration; rescind.Last Action: 2/17/2009 referred to Committee on Judiciary
HB 4317 of 2009 (Deb Kennedy) Civil procedure; statute of limitations; drug product liability cases previously prohibited because of FDA approval defense; allow to be commenced within 3 years after repeal of the defense. TIE BAR WITH: HB 4316'09Last Action: 2/17/2009 referred to Committee on Judiciary
HB 4318 of 2009 (Dian Slavens) Consumer protection; unfair trade practices; liability for inaccurate representations concerning risks of certain drugs, medications, and supplements; clarify.Last Action: 2/17/2009 referred to Committee on Judiciary