Vaccine ad bill clears first hurdle in House
February 11, 2026 – Jim Saunders
Key Points
- Florida House moves forward with vaccine lawsuit proposal
- Bill allows people harmed by vaccines to sue drugmakers
- Federal laws govern vaccine-related injury disputes and compensation
Amid national battles about vaccines, the Florida House is moving forward with a proposal that would allow people harmed by vaccines to sue drugmakers that advertise the products in the state.
The House Civil Justice & Claims Subcommittee voted 12-4 Wednesday to approve House Bill 339, modeled on a Texas law. Bill sponsor Monique Miller, R-Palm Bay, said it is designed to “restore trust” as vaccines have faced increased scrutiny since the COVID-19 pandemic.
“If a product is safe and effective, stand by your product,” Miller said.
But Rep. Michele Rayner, D-St. Petersburg, said the bill would create liability for drug companies based only on advertising. She said, for example, it would not require people harmed by vaccines to have seen the ads.
The bill says a drug manufacturer “is liable to an individual if the manufacturer advertises a vaccine in this state and the advertised vaccine causes harm or injury to an individual.”
“If the goal is to stop false or misleading advertising, the bill should say that,” Rayner, an attorney, said.
Debates about vaccines have increased since the pandemic, with Florida health officials last year saying they wanted to eliminate some vaccination requirements for schoolchildren. U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr., a longtime vaccine skeptic, has helped fuel the national controversy and has drawn criticism from many physicians and health groups that tout the importance of vaccines in preventing the spread of diseases.
Federal laws include processes for resolving disputes involving vaccine-related injuries. A key law is the National Childhood Vaccine Injury Act of 1986, which created a program to compensate injured people and keep disputes out of court, according to a state House analysis.
“The NCVIA significantly restricts the ability of an individual to bring a traditional liability suit by granting covered vaccine manufacturers broad immunity from liability for injuries resulting from unavoidable side effects, provided the vaccine was properly prepared and accompanied by proper directions and warnings,” the analysis said, using an acronym for the law.
William Large, president of the Florida Justice Reform Institute, an advocacy group backed by businesses, told House members that the federal laws govern disputes about vaccine-related injuries and that the bill should be rejected.
“It is preempted by three federal acts. It violates the First Amendment. It is bad public policy,” Large said.
The Senate Regulated Industries Committee approved a nearly identical proposal, Senate Bill 408, on Jan. 20. Senate sponsor Erin Grall, R-Vero Beach, said the proposal doesn’t focus on vaccine design defects — an issue that federal law would preempt.
Grall, an attorney, also disputed that the proposal would violate First Amendment rights.
“The pharmaceutical companies can educate doctors,” Grall told the Senate committee in January. “They can put materials within the doctors’ offices. They can help consumers understand what the vaccine is and what might happen if they get the vaccine.”
Rep. Kim Kendall, R-St. Augustine, said Wednesday that drug company ads should be clear and that she has heard from parents who “want to know the things they’re putting in their child’s body.”
Rep. Bruce Antone, D-Orlando, however, questioned how many people are being injured by vaccinations.
“There’s no evidence that there is a widespread problem created by vaccines,” he said.
Jim Saunders is the managing editor at State Affairs Florida. Reach him at jsaunders@stateaffairs.com or on X @JSaundersnews.
https://pro.stateaffairs.com/fl/health-care/florida-vaccine-advertising-lawsuit
