Committee advances bill to allow state lawsuits over vaccine advertising despite federal preemption concerns

Senator Grawal introduced Senate Bill 408, saying the measure aims to rebuild public trust in vaccines by creating a cause of action for individuals injured by vaccines that are advertised in Florida. "This bill updates the term, adds a cause of action for those who are injured or harmed by a vaccine or manufacturer, who advertises their product in the state of Florida," the sponsor said, and added the bill would allow actions within three years following accrual and provide that courts shall award damages.

Multiple opponents, including William Large (president, Florida Justice Reform Institute), Cary Silverman (American Tort Reform Association), Patricia Campbell Smith (consultant and former federal judge with experience in the vaccine court), and representatives from the U.S. Chamber Institute for Legal Reform, testified against the bill. They argued the field is largely preempted by federal law, including the National Childhood Vaccine Injury Act (VICP) and the PREP Act, and raised First Amendment concerns about restricting or penalizing commercial speech. Silverman warned that the vaccine injury compensation program and PREP Act offer established federal remedies, and that expanding state causes of action would create needless litigation.

Patricia Campbell Smith, drawing on her experience with the federal vaccine-compensation system, described the vaccine court (VICP/Office of Special Masters) as a no-fault pathway that includes specialized evidentiary rules and provides compensation avenues; she said many claims are resolved by settlement and that more than 90 percent of vaccine-injury claims are compensated, citing records kept by the U.S. Chamber of Commerce and public reporting to Congress.

Sponsor Grawal and supporters emphasized declining vaccination rates (e.g., two-year-old immunization rates cited at 75.7% versus 85.5% in 2015) and argued the bill addresses an erosion of public trust. The committee debated preemption and constitutional concerns; questions from senators sought concrete filing and compensation figures. After discussion the committee reported SB 408 favorably.

The hearing included extensive legal and policy argument about federal preemption, the role of the federal vaccine-injury compensation program and PREP Act, and First Amendment limits on commercial speech. The committee report advances SB 408 for further consideration.