Michigan Pharma Shield Law Furthers Debate on FDA Preemption

The Michigan Legislature’s vote to repeal a one-of-a-kind law shielding drugmakers from liability lawsuits will force courts to balance consumer interests with the FDA’s authority, attorneys and drug industry groups say.

The measure (SB 410), which advanced out of the Michigan House and Senate with bipartisan support, would remove a portion of Michigan’s Product Liability Act that Democrats have long argued gave pharmaceutical companies a near-total defense against claims of injuries associated with products approved by the Food and Drug Administration.

Proponents of the legislation, which Michigan Gov. Gretchen Whitmer (D) is expected to sign into law, say ...