2023 Senate Bill 410 / Public Act 285

Torts: product liability; limitation on liability for drugs that have been approved by federal Food and Drug Administration; rescind.

An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 2946 (MCL 600.2946), as amended by 1995 PA 249.

House Fiscal Agency Analysis

Senate Bill 410 would amend the Revised Judicature Act to eliminate a provision that currently makes the manufacturer or seller of a drug immune from product liability if all of the following are met: • The drug was approved by the federal Food and Drug Administration (FDA). • The manufacturer or seller did not fraudulently obtain the approval by bribing someone or withholding or misrepresenting information. • The drug and its labeling complied with the approval. • The approval was not withdrawn.

Introduced in the Senate

June 27, 2023

Introduced by Sen. Jeff Irwin (D-15) and six co-sponsors

Co-sponsored by Sens. Rosemary Bayer (D-13), Mary Cavanagh (D-6), Stephanie Chang (D-3), Erika Geiss (D-1), Mallory McMorrow (D-8) and Dayna Polehanki (D-5)

Referred to the Committee on Civil Rights, Judiciary, and Public Safety

Oct. 12, 2023

Reported without amendment

Oct. 17, 2023

Referred to the Committee of the Whole

Reported without amendment

Oct. 18, 2023

Passed in the Senate 30 to 8 (details)

Received in the House

Oct. 18, 2023

Referred to the Committee on Judiciary

Nov. 1, 2023

Reported without amendment

Nov. 8, 2023

Passed in the House 79 to 30 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Signed by Gov. Gretchen Whitmer

Dec. 8, 2023