Deasey, Mahoney, Valentini & North a national defense litigation law firm headquartered in Philadelphia PA

Legislative Updates Affecting Products Liability November 24, 2009

This is a synopsis of recent Federal and State legislation and pending bills relating to product liability law.

I. FEDERAL

A. NEW LEGISLATION

None.

B. SELECT PENDING BILLS

· Medical Device Safety Act of 2009 (H.R. 1346/S. 540) has not yet passed either house of Congress and remains in committee. If passed, the MDSA would amend the Federal Food, Drug, and Cosmetic Act to prohibit specified provisions preempting state and local requirements for medical devices intended for human use from being construed to modify or otherwise affect any action for damages or the liability of any person under state law. This Act would be effective as if it were included in the Medical Device Amendments of 1976 and applicable to any civil action pending or filed on or after the date of enactment of this Act.

· Jeremy Warriner Consumer Protection Act of 2009 (H.R. 3088) has not yet passed the House of Representatives and remains in committee. If passed, The Act would require an automobile manufacturer that the Federal Government has an ownership interest in or has an outstanding loan from the Federal Government to purchase liability insurance from an insurance company.

· Innocent Sellers Fairness Act (H.R. 2518) has not yet passed the House of Representatives and remains in committee. If passed, the Act would prevent undue disruption of interstate commerce by limiting civil actions brought against persons whose only role with regard to a product in the stream of commerce is as a lawful seller of said product.

· Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2009 (H.R. 1086) has not yet passed the House of Representatives and remains in committee. If passed, HEALTH would, among other things, not allow punitive damages against the manufacturer or distributor of a medical product if said product was in total compliance with FDA standards.

· STAR Act of 2009 (H.R. 3483) has not yet passed the House of Representatives and remains in committee. If passed, STAR would, just as the above HEALTH Act proposed, not allow punitive damages against the manufacturer or distributor of a medical product if said product was in total compliance with FDA standards.

· Family Smoking Prevention and Tobacco Control Act (H.R. 1256/S. 982) has not yet passed either house of Congress and remains in committee. If passed, the Act will protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products.

· Youth Prevention and Tobacco Harm Reduction Act (H.R. 1261) has not yet passed the House of Representatives and remains in committee. If passed, the Act will protect the public health by establishing the Tobacco Harm Reduction Center within the Department of Health and Human Services with certain authority to regulate tobacco products. This Act will prevent tobacco companies from targeting children with their ad campaigns. It will also change current federal policy which allows product labeling that leaves the impression that all different types of tobacco products present equal risk.

· Household Product Labeling Act of 2009 (H.R. 3057/S. 1697) has not yet passed the House of Representatives and remains in committee. If passed, the Act will require that household cleaning products and similar products bear a label that contains a complete and accurate list of all the product's ingredients.

· Imported and Domestic Product Safety Act of 2009 (S. 893) has not yet passed the Senate and remains in committee. If passed, the Act will establish the Office of Imported and Domestic Product Safety in the Department of Commerce and the Product Safety Coordinating Council to improve the management, coordination, promotion, and oversight of food and product safety responsibilities, to improve consumer and business access to food and product safety information, and for other purposes.

· Children's Product Safety Enhancement and Clarification Act of 2009 (H.R.1046) not yet passed the House of Representatives and remains in committee. If passed, the Act will ensure the effective implementation of children's product safety standards under the Consumer Product Safety Improvement Act of 2008 to exempt a children's product made solely out of fabric from provisions limiting the amount of lead in children's products.

II. PENNSYLVANIA

A. NEW LEGISLATION

None.

B. SELECT PENDING BILLS

· Senate Bills Nos. 372 & 515; House Bill No. 616. An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in commencement of proceedings, providing for liability rules applicable to product sellers. Referred to Judiciary on February 20, 2009. If passed, this bill would allow retailers of products who have no actual knowledge of any defects to avoid liability. This Bill aims to improve public policy by encouraging the stream of commerce by insulating innocent sellers from liability for any latent defects in the goods they sell.

· Senate Bill No. 775. An Act amending the act of May 15, 1939 (P.L.134, No.65), referred to as the Fireworks Law, providing for a public safety fee which will be used to fund the local fire department. Referred to consumer protection and professional licensure on April 8, 2009. If passed, this Bill will ensure that victims of firework accidents will be adequately compensated by making facilities licensed by the Department ofAgriculture that are exclusively dedicated to the storage and purchase sale of consumer fireworks and related items will be required to carry at least two million dollars in public and product liability insurance.

III. NEW JERSEY

A. NEW LEGISLATION

None.

B. SELECT PENDING BILLS

None.