Florida Senate - 2026                                     SB 408
       
       
        
       By Senator Grall
       
       
       
       
       
       29-00511-26                                            2026408__
    1                        A bill to be entitled                      
    2         An act relating to the advertisement of a harmful
    3         vaccine; amending s. 499.0054, F.S.; defining the term
    4         “advertise”; providing manufacturer liability under
    5         certain circumstances; authorizing an individual to
    6         file a cause of action under certain circumstances
    7         within a specified timeframe; providing that a
    8         prevailing party is entitled to actual damages, court
    9         costs, and reasonable attorney fees; providing an
   10         effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (4) is added to section 499.0054,
   15  Florida Statutes, to read:
   16         499.0054 Advertising and labeling of drugs, devices, and
   17  cosmetics; exemptions.—
   18         (4)(a) As used in this subsection, the term “advertise”
   19  means a media communication, including, but not limited to,
   20  television, radio, print, the Internet, digital or electronic
   21  media, product placement, promotion by an influencer in exchange
   22  for compensation, or any other manner of paid promotion, that a
   23  vaccine manufacturer purchases to promote the manufacturer’s
   24  vaccine. The term does not include:
   25         1. Any discussion between a health care provider and the
   26  provider’s patient or any written materials that a health care
   27  provider provides to a patient concerning a vaccine; or
   28         2. Any posters, decorations, or other materials or
   29  promotional items concerning a vaccine that are displayed in or
   30  made available by a health care facility, health care provider’s
   31  office, or other clinical setting.
   32         (b) A manufacturer is liable to an individual if the
   33  manufacturer advertises a vaccine in this state and the
   34  advertised vaccine causes harm or injury to an individual.
   35         (c) Notwithstanding any other law to the contrary, an
   36  individual may bring an action under this section within 3 years
   37  following the accrual of the cause of action.
   38         (d) A court shall award a claimant who prevails in an
   39  action brought under this section actual damages, court costs,
   40  and reasonable attorney fees.
   41         Section 2. This act shall take effect July 1, 2026.