(Texas Scorecard) – Legislation to hold manufacturers liable for advertising harmful vaccines passed out of the Senate on Tuesday with a 21-10 vote.
House Bill 3441, authored by State Rep. Shelly Luther (R–Sherman), allows manufacturers to be held liable if they advertise their vaccines in Texas and it causes an injury.
“HB 3441 was an unexpected and unprecedented success for medical liberty champion Shelley Luther, and represents a huge step toward holding vaccine manufacturers accountable for their products,” Michelle Evans, political director for Texans for Vaccine Choice, told Texas Scorecard.
“We are excited to see this signed into law to protect Texans from products deemed ‘unavoidably unsafe.’”
According to the legislation’s text, vaccine manufacturers can be held liable for actual damages and court costs up to three years after the date of the injury.
The measure does not include doctor-patient discussions, written materials provided by a healthcare provider, or promotional materials found in a provider’s office regarding a vaccine.
State Sen. Bob Hall (R–Edgewood), the Senate sponsor of the bill, stated in his opening remarks on the floor that the measure does not concern whether or not someone should be vaccinated. Instead, it simply gives individuals peace of mind by providing accountability that any other company would have.
“Currently, due to the National Childhood Vaccine Injury Act of 1986, vaccine manufacturers hold no liability [for] a vaccine or countermeasure harm or interest in Texas,” stated Hall. “This is the only product that I know of that cannot be held responsible for any injury to a consumer.”
“Imagine what our society would look like if any other manufacturer had this same protection.”
The proposal has cleared both the Senate and the House. Now, Gov. Greg Abbott must either sign it, veto it, or allow it to take effect with no further action from him.
The bill is set to take effect on September 1, 2025.