Florida Bill Ties Vaccine Liability to Advertising, Raising Federal and First Amendment Questions
TrialSite Staff | Making Biomedical Research Evidence Accessible to All
Feb. 15, 2026, 12:00 p.m.
Florida lawmakers are advancing legislation that could open a new legal pathway for vaccine injury lawsuits — but only if manufacturers advertised the product in the state. House Bill 339 (HB 339) would allow individuals who allege vaccine-related harm to sue manufacturers within three years of injury, provided the company promoted the vaccine through Florida-based advertising.
The proposal represents a sharp departure from longstanding federal liability protections under the National Childhood Vaccine Injury Act, which channels most injury claims into a federal compensation program rather than state courts. By tying liability to advertising activity rather than manufacturing alone, HB 339 seeks to create a state-level exception.
According to reporting by Sara E. Teller writing for LegalReader in “Florida may create new way to sue vaccine makers for harm,” supporters argue the bill promotes accountability and informed consent. Sponsor Rep. Monique Miller contends that companies confident in vaccine safety should accept responsibility for rare injuries. Critics, including William Large of the Florida Justice Reform Institute, counter that the measure may be preempted by federal law and could infringe on First Amendment protections governing commercial speech.
Legal analysts note courts closely scrutinize restrictions targeting advertising. If enacted, HB 339 could become a constitutional test case examining whether states can attach civil liability to lawful vaccine promotion — potentially reshaping vaccine policy beyond Florida’s borders.
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