BILL REQ. #: H-4342.1
| State of Washington | 58th Legislature | 2004 Regular Session |
Read first time 01/26/2004. Referred to Committee on Judiciary.
AN ACT Relating to civil liability reform; and adding a new section to chapter 7.70 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 7.70 RCW
to read as follows:
In a products liability action alleging that an injury was caused
by a failure to provide adequate warnings or information with regard to
a pharmaceutical product, the defendant or defendants shall not be
liable with respect to such allegations if the warnings or information
that accompanied the product in its distribution were those required by
the United States food and drug administration for a product approved
pursuant to the federal food, drug, and cosmetic act (21 U.S.C. Sec.
321, et seq.) or section 351 of the public health service act (42
U.S.C. Sec. 262), or the warnings provided were those set forth in
monographs developed by the United States food and drug administration
for pharmaceutical products that may be distributed without an approved
new drug application.
NEW SECTION. Sec. 2 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.