THE BILL ITSELF
SB 408
Advertisement of a Harmful Vaccine
Florida Senate - 2026 SB 408 By Senator Grall 29-00511-26 2026408__
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A bill to be entitled
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An act relating to the advertisement of a harmful
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vaccine; amending s. 499.0054, F.S.; defining the term
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“advertise”; providing manufacturer liability under
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certain circumstances; authorizing an individual to
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file a cause of action under certain circumstances
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within a specified timeframe; providing that a
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prevailing party is entitled to actual damages, court
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costs, and reasonable attorney fees; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (4) is added to section 499.0054,
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Florida Statutes, to read:
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499.0054 Advertising and labeling of drugs, devices, and
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cosmetics; exemptions.—
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(4)(a) As used in this subsection, the term “advertise”
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means a media communication, including, but not limited to,
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television, radio, print, the Internet, digital or electronic
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media, product placement, promotion by an influencer in exchange
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for compensation, or any other manner of paid promotion, that a
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vaccine manufacturer purchases to promote the manufacturer’s
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vaccine. The term does not include:
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1. Any discussion between a health care provider and the
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provider’s patient or any written materials that a health care
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provider provides to a patient concerning a vaccine; or
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2. Any posters, decorations, or other materials or
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promotional items concerning a vaccine that are displayed in or
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made available by a health care facility, health care provider’s
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office, or other clinical setting.
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(b) A manufacturer is liable to an individual if the
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manufacturer advertises a vaccine in this state and the
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advertised vaccine causes harm or injury to an individual.
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(c) Notwithstanding any other law to the contrary, an
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individual may bring an action under this section within 3 years
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following the accrual of the cause of action.
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(d) A court shall award a claimant who prevails in an
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action brought under this section actual damages, court costs,
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and reasonable attorney fees.
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Section 2. This act shall take effect July 1, 2026.