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Update: A couple of weeks ago, we sent out this alert asking you to contact your representatives to SUPPORT two very important bills. Thanks to your outreach, Senate Bill 408 passed its first Senate committee with a 5–3 vote and is continuing to move through the legislative process.
This progress is encouraging—but it is not the finish line. SB 408 still requires strong support as it moves through additional committees, and its companion bill, HB 339, must also continue advancing in the House. Lawmakers need to keep hearing from constituents to ensure both bills move forward and ultimately PASS. Please continue contacting your legislators today to support SB 408 and HB 339.
Hold Vaccine Manufacturers Accountable for Advertising Harm!
Lawmakers are considering important legislation that would restore basic accountability when vaccine manufacturers choose to advertise their products directly to the public in Florida.
HB 339andSB 408address a narrow but critical gap in the law by allowing individuals harmed by an advertised vaccine to seek compensation directly from the manufacturer responsible for the advertising.
Under current federal law, vaccine manufacturers enjoy extraordinary liability protections, leaving many injured individuals with limited and lengthy options for recourse.
These Florida bills do not interfere with medical care or doctor-patient communication — they focus solely on paid vaccine advertising directed at the public.
HB 339 and SB 408 create a clear standard: if a vaccine manufacturer markets a product to Floridians through paid advertising and that product causes harm, the manufacturer can be held responsible.
These bills would:
- Create liability for vaccine manufacturers who advertise vaccines in Florida that result in harm or injury
- Apply only to paid advertising, including television, radio, print, digital media, and compensated influencers
- Exclude conversations between patients and health care providers and materials shared in clinical settings
- Allow injured individuals to bring a claim within three years of the injury
- Require courts to award damages, court costs, and reasonable attorney fees when injury is proven
| UPDATE: SB 408 is moving in the Senate Health Policy Committee (HP). |
Please act TODAY.
TAKE ACTION
- Contact the Senate Health Policy Committee Members and urge them to support SB 408.
- Contact your Florida State Representative and Senator and urge them to SUPPORT HB 339 and SB 408.
Find your Florida legislators here:
https://www.myfloridahouse.gov/FindYourRepresentative
https://www.flsenate.gov/Senators/Find
Phone calls are most effective, but emails help too.
SAMPLE SCRIPT
“Hello, my name is ___ and I’m a constituent. I’m calling to urge you to SUPPORT HB 339 or SB 408.
These bills hold vaccine manufacturers accountable only when they choose to advertise vaccines directly to the public in Florida and those products cause harm.
The bills do not interfere with doctor–patient communication or clinical care — they apply solely to paid advertising and restore basic consumer protections.
If a pharmaceutical company markets a product to Floridians, it should be responsible for injuries that result.
Please support HB 339 and SB 408.
Thank you.”
TALKING POINTS
- Vaccine manufacturers currently enjoy broad federal liability protection. Families injured by vaccines often have no effective recourse, as the federal Vaccine Injury Compensation Program is slow, complex, and rarely awards claims.
- HB 339 and SB 408 create a state-level option for compensation. These bills allow individuals harmed by vaccines advertised in Florida to pursue timely and meaningful legal remedies.
- This approach has a proven precedent. A nearly identical bill, HB 3441, passed in Texas in 2025, giving residents a state-level path for holding vaccine manufacturers accountable for harm caused by advertised vaccines.
- Vaccines carry real risks, including serious injury or death. Like all pharmaceutical products, the potential for harm exists, and families deserve the ability to hold manufacturers accountable when harm occurs.
- Consumers have a right to informed consent. Individuals should know the true risks of a vaccine before choosing to accept it, yet advertisements often omit or downplay these risks.
- Manufacturer accountability helps protect the public. By establishing liability for deceptive or incomplete advertising, these bills incentivize vaccine manufacturers to disclose risks honestly and may discourage misleading marketing.
- This legislation strengthens transparency and consumer rights. Floridians will have legal avenues to challenge harm caused by promoted vaccines, ensuring companies cannot hide behind broad federal immunity when advertising their products.
MORE INFORMATION
HB 339 — Bill text, status, and history:
https://www.flhouse.gov/Sections/Bills/billsdetail.aspx?BillId=82901
SB 408 — Bill text, status, and history:
https://www.flsenate.gov/Session/Bill/2026/408
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