Senate product liability bill exempts FDA approved products from punitive damages.
FDA APPROVAL EXEMPTION FROM PUNITIVE DAMAGES RESURFACES IN SENATE BILL on product liability introduced by Sen. Kyl (R- Ariz.) on Jan. 4. The product liability reform legislation (S 11) states that punitive damages "shall not be awarded" if a drug or device "was approved by FDA," or if a product "is generally recognized as safe and effective" by conditions and applicable FDA regulations, "including packaging and labeling regulations."
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