With the lonely exception of the great state of Michigan, America, for now, has been saved from FDA preemption. However, I find it hard to believe the idea will simply dry up and blow away. Levine won, but the bad guys are still out there, waiting for their chance to pounce.
We need laws that protect citizens from un-American notions like FDA preemption. Michigan’s 1996 Drug Immunity Law--that gave drug makers total immunity from product liability--has been in existence for 14 years. Then governor John Engler asserted the Michigan model was intended to be the law of the land. America missed that bullet, but what about the next time? What loop hole made it possible that an industry had the right to strip citizens of legal redress?
I don’t feel that assured about the future. And, Michigan still has a stinky law.
Please tell us your thoughts. Thanks.
See: ThePopTort: Drug Company Immunity Remains Status Quo in Michigan Unless Legislature Acts