Assembly Bill A5201

2009-2010 Legislative Session

Subjects manufacturers of prescription drugs or medical devices who engage in direct-to-consumer advertising to liability where adequate warnings are not provided

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A5201 (ACTIVE) - Details

See Senate Version of this Bill:
S3157
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §396-aaa, Gen Bus L

2009-A5201 (ACTIVE) - Summary

Subjects manufacturers of prescription drugs or medical devices who engage in direct-to consumer-advertising to civil liability where adequate warnings are not provided; applies to drugs or devices requiring a health care provider's prescription for dispensing; provides that a jury shall consider, as a question of fact, whether or not the warnings were adequate.

2009-A5201 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5201

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced  by  M. of A. BRODSKY, WEISENBERG -- Multi-Sponsored by -- M.
  of A. CAHILL, COOK, KOON, MAYERSOHN -- read once and referred  to  the
  Committee on Consumer Affairs and Protection

AN  ACT  to  amend the general business law, in relation to liability in
  civil actions brought against manufacturers of prescription  drugs  or
  medical devices in certain cases

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
396-aaa to read as follows:
  S 396-AAA. DIRECT-TO-CONSUMER ADVERTISING  OF  PRESCRIPTION  DRUGS  OR
MEDICAL  DEVICES.  1.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, WHERE A MANUFACTURER OF A PRESCRIPTION DRUG OR MEDICAL  DEVICE
ENGAGES  IN  DIRECT-TO-CONSUMER  ADVERTISING,  A  PRESCRIPTION  DRUG  OR
MEDICAL DEVICE IS NOT REASONABLY SAFE DUE TO INADEQUATE INSTRUCTIONS  OR
WARNINGS  IF  REASONABLE  INSTRUCTIONS OR WARNINGS REGARDING FORESEEABLE
RISKS OF HARM ARE NOT PROVIDED TO THE PATIENT.  WHERE A MANUFACTURER  OF
A  PRESCRIPTION DRUG OR MEDICAL DEVICE ENGAGES IN SUCH FORM OF ADVERTIS-
ING AND SELLS OR OTHERWISE DISTRIBUTES A DRUG OR MEDICAL DEVICE WHICH IS
DEFECTIVE DUE TO INADEQUATE INSTRUCTIONS OR WARNINGS, SUCH  MANUFACTURER
IS SUBJECT TO LIABILITY FOR HARM TO PERSONS CAUSED BY SUCH DEFECT.
  2. AS USED IN THIS SECTION "PRESCRIPTION DRUG OR MEDICAL DEVICE" MEANS
ONE THAT MAY BE LEGALLY SOLD OR OTHERWISE DISTRIBUTED ONLY PURSUANT TO A
HEALTH CARE PROVIDER'S PRESCRIPTION.
  3.  IN  ANY  CIVIL  ACTION  BROUGHT PURSUANT TO THE PROVISIONS OF THIS
SECTION, IT SHALL BE AN ISSUE OF FACT TO BE DETERMINED BY A JURY WHETHER
OR NOT THE WARNINGS SUPPLIED BY THE  MANUFACTURER  OF  THE  PRESCRIPTION
DRUGS OR MEDICAL DEVICES WERE ADEQUATE.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08595-01-9

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