Florida SB 408: Licensure of Cardiovascular Programs

Bill Text

408 
Advertisement of a Harmful Vaccine 
2025-11-05T08:18:14Z 
Defining the term “advertise”; providing manufacturer liability under certain circumstances; authorizing an individual to file a cause of action under certain circumstances within a specified timeframe, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 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.