House Bill 542: NC to be dumping ground for dangerous products
April 01, 2011
The North Carolina House introduced House Bill 542 on March 30. This bill grants immunity from suit to any product "regulated" by a State or Federal Agency. This Bill will make NC a dangerous dumping ground for poisonous and defective drugs and products.
The Bill was filed, all of 18 hours before it was debated. House Bill 542
Here is the relevant language:
No manufacturer or seller shall be held liable in any product liability action if:
1. The product alleged to have caused harm was designed, manufactured, packaged, labeled, sold, or represented in relevant and material respects in accordance with the terms of approval, license or similar determination of a government agency, where the approval, license or similar determination is relevant to the event or risk allegedly causing the harm; or
2. The product was in compliance with a statute of this State or the United States, ...where the stature or agency action is relevant to the event or risk allegedly causing harm....
This is HUGE.
This means that a product regulated by ANY state or Federal agency would be immune from suit by North Carolina citizens who are hurt or maimed by the product which is eventually found defective.
Think: bad tires, bad cars, Vioxx, bad drugs, toys containing lead or poison, etc.
Here is a "short" list of products whose manufacturers would be immune from a law suit if that product killed you or hurt you or someone you love.
Manufacturers of 328 Types of Products regulated and approved by the US Agencies will receive IMMUNITY from law suits for defective products that maim, kill and destroy property and people.
The manufactures of defective products would receive immunity from suit because the agency is "vested with the authority of this State or of the United States to issue rules, regulations, orders, or standards, concerning the design, manufacture, packaging, labeling, or advertising of a product or a service." Tort Reform for Citizens and Businesses: Section 3.1(b) amendment to Chapter 99B-1 (1a)
US Consumer Product Safety Commission (USCPSC) Regulated Products
Acetaminophen (products containing)
Acetic acid (products containing)
Adhesives -containing methyl alcohol
Adhesives -extremely flammable contact
Adhesives -floor covering
Adhesives nitrocellulose base
Aerosols (see self-pressurized products)
Ammonia, ammonia water (products containing) household, ammonium hydroxide
Antennas – CB base station and TV
Antennas -Omnidirectional CB base station
Antifreeze, ethylene glycol
Antiquing kits
Appliances, coal and wood-burning
Architectural glazing materials
Art Materials
Artist's paints
Asbestos- containing patching compounds
Asbestos -containing garments for general use
Aspirin products
Baby bouncers & walkers
Balloons, plastic mixtures
Batteries, storage, wet-cell
Benzene paint solvents containing
Bicycles
Bicycle helmets
Biological specimens, preserved
Blasting caps
Bunk Beds
Butane in cigarette lighters
Carbolic acid (phenol) (products containing)
Carbon tetrachloride (products containing)
Carpets and rugs (large)
Carpets and rugs (small)
Caustic poisons (products containing)
Caustic poisons – potash (products containing)
Caustic poisons – soda (products containing)
Cellulose insulation
Cellulose sponges
Charcoal briquettes
Chemistry sets
Child-resistant packaging (see special packaging)
Chlorofluorocarbons, self pressurized products containing Acetonitrile (see glue remover)
Aluminized polyester film kite
Asbestos -containing artificial emberizing materials
Benzene (products containing) benzol
Bergamot oil (products containing)
Betamethasone (products containing)
Children's Products (see "Toys/Children's Products")
Cigarette lighters
Cleaning products
Clothing (see wearing apparel, sleepwear)
Coal burning appliances (see appliances)
Combustible hazardous substances
Conjugated estrogen tablets (products containing)
Consumer product
Containers consumer-owned (portable)
Controlled drugs (products containing)
Corrosive substances (products containing)
Cosmetics
Cribs -full size
Cribs -non-full size
Cushions, infant
Cyanide salts (products containing)
Dietary supplements, iron-containing (products containing)
Disclaimer deceptive use of
Dive Sticks
Drain cleaners, liquid
Drugs, Oral Prescription -All Exceptions
Drugs -controlled
Drugs -iron containing
Drugs -oral prescription
Drugs -over the counter
Dry-cleaning solvents
Epoxy resins
Ethylene glycol (products containing)
Ethylene glycol in felt pads
Exports (noncomplying products)
Extremely flammable contents of self-pressurized containers
Extremely flammable hazardous substances
Extremely flammable solids
Eye irritants (products containing)
Fabrics
Felt-tip marking devices
Cholestyramine, anhydrous (products containing)
Clacker balls
Colestipol (products containing)
Dibucaine (products containing)
Diethylene glycol (products containing)
Diethylenetriamine (products containing)
Diglycidyl ethers (products containing)
Diphenhydramine preparations
Emberizing materials artificial, containing asbestos
Erythromycin ethylsuccinate, Suspension & granules
for suspension (products containing)
Erythromycin ethylsuccinate, tablets (products containing)
Ethanol containing mouthwash
Ethylenediamine (products containing)
Ferrous oxalate (products containing)
Fire extinguishers
Fireworks
First Aid
Flammable contents of self-pressurized containers
Flammable solids (products containing)
Flammable substances (products containing)
Fluoride (products containing)
Food
Formaldehyde (products containing)
Fuel
Furniture painted with lead containing paint
Furniture polish -liquid
Furniture polish -paste
Garage Door Openers- automatic residential
Gasoline
Glazing compounds
Heaters (see appliances)
Highly toxic substances (products containing)
Household substances
Hydrocarbons
Hydrochloric acid (products containing)
Ibuprofen (products containing)
Imported products & importers
Imports
Industrial supplies
Infant cushions
Ink cartridges dry concentrate containers
Ink-marking devices
Insulation, cellulose
Iron preparations
Irritant substances
Kerosene
Kindling & illuminating preparations
Labels
Laboratory chemicals (if educational)
Lacquers
Lawn darts
Lawnmowers power
Fertilizersdry
granular
Fuel kits with diflouro dichloromethane
Glue remover containing acetonitrile (household)
Hartshorn (products containing)
Hypochlorous acid (products containing)
Isobutane in cigarette lighters
Isosorbide dinitrate -prescription sublingual and chewable forms (products containing)
Ketoprofen (products containing)
Kites aluminized polyester film
Lead in paint (products containing)
Lighter fluid, etc. (products containing)
Lunar caustic (silver nitrate) (products containing)
Lye (products containing)
Matchbooks
Matches
Mattresses (cigarette ignition)
Mattresses (open flame ignition)
Methyl alcohol (methanol) (products containing)
Mineral oil in toys (products containing)
Mineral seal oil (products containing)
Mineral spirits (products containing)
Minoxidil (products containing)
Mirrors
Mixtures of hazardous substances
Mouthwash containing ethanol
Multiple hazard substances with
Multipurpose Lighters
Naphtha (products containing)
Neutralizers, Permanent Wave (see Permanent Wave Neutralizers)
Nitric acid (products containing)
Nitroglycerine prescription (products containing)
Oral contraceptives
Orris root powdered (products containing)
Over-the-Counter (OTC) Drugs (see Drugs, Over the Counter)
Oxalic acid and salts (products containing)
Packages, child resistance (see child-resistant packaging)
Packages, sample
Paint (lead in) (products containing)
Paint solvents
Painting kits
Paper items
Patching compounds containing asbestos
Percussion explosives
Lidocaine (products containing)
Loperamide (products containing)
Mebendazole (products containing)
Medroxyprogesterone acetate tablets (products containing)
Methacrylic acid (products containing)
Methylprednisolone (products containing)
Methyl salicylate (products containing)
Naproxen (products containing)
Nitrites (Butyl and Volatile Alkyl)
Norethindrone acetate tablets (products containing)
Pacifiers (see Toys/Children's Products)
Pancrelipase (products containing)
Paraphenylenediamine (products containing)
Perchloroethylene in visual novelty devices
Petroleum distillates
Photographic color processing kits
Plant foods -dry granular
Poisons, caustic (products containing)
Polishing products
Potassium hydroxide
Prescription Drugs (Oral)
Pressure-generating substances
Propellant devices for model rockets
Radiator cleaners
Radioactive substances
Refrigerator doors
Refuse bins -unstable
Roof coatings
Rope, cord, string, etc.
Rugs see Carpets
Rubber vulcanizing products
Self-pressurized products
Self-pressurized products containing vinyl chloride
Sensitizers (products containing)
Signal words
Sodium hydroxide
Solder kit
Solder paste
Permanent wave neutralizers containing sodium bromate or potassium bromate
Phenol (carbolic acid)
Photodynamic sensitizer
Potash, caustic
Potassium supplements effervescent
(products containing)
Prednisone
Primary irritant
Sacrosidase (sucrase) in a solution of glycerol and water
Salt (sodium chloride)
Self-pressurized products containing chloroflorocarbons
Silver nitrate (lunar caustic)
Sleepwear, children's, sizes 0-6x & sizes 7-14
Sodium arsenite
Sodium fluoride
Sodium/potassium hydroxide
Special packaging
Spot removers single-use
Spot removing kits
Sponges, cellulose
Swimming pool slides
Tank coatings
Thread, string, twine, etc.
Turpentine (products containing)
Varnish
Video games
Vienna paste (products containing)
Vinyl chloride (products containing)
Solvents (for Paint and other surface coatings)
Stoddard solvent
Stoves, coal & wood burning
Strong sensitizers
Sulfuric acid
Toluene (toluol)
Toxic substances
Toys/Children's Products- All
Toys/Children's Products- choking hazard warnings for small parts, balloons, marbles, balls
Toys/Children's Products- balls, small
Toys/Children's Products- caps & toy guns producing, impulse-type sound
Toys/Children's Products- choking incidents
Toys/Children's Products- clacker balls
Toys/Children's Products- electrically-operated toys and children's article
Toys/Children's Products- games, self-pressurized -hollow plastic toys games
Toys/Children's Products- marbles
Toys/Children's Products- mineral oil
Toys/Children's Products- painted with lead or containing lead
Toys/Children's Products- pacifiers
Toys/Children's Products -rattles
Toys/Children's Products -sharp edges
Toys/Children's Products -sharp points
Toys/Children's Products -small parts
Toys/Children's Products -model rockets
Toys/Children's Products -model rockets, propellant
Toys/Children's Products -train smoke
Toys/Children's Products -use and abuse tests
Toys/Children's Products -tubes, collapsible metal (labeling)
Toys/Children's Products -unpackaged hazardous substances (labeling)
Vinyl plastic film
Walker-jumper
Wax containers
Waxes, paste for autos, furniture, floors and shoes
Wearing apparel
Writing instruments
Visual novelty devices -containing perchloroethylene
Volatile flammable materials
Water-repellent mixtures (masonry)
Wood burning appliances
Xylene (xylol)
Federal Drug Administration (FDA) PRODUCTS
Food safety
Tobacco products
Dietary supplements
Prescription and over-the-counter pharmaceutical Drugs
Vaccines
Biopharmaceuticals
Blood transfusions
Gene therapy
Cell and tissue based products
Medical devices
Electromagnetic radiation emitting devices (ERED)
cellular phones
airport baggage screening equipment
television receivers
microwave ovens
tanning booths
laser products
Veterinary products
Cosmetics
Sanitation requirements on interstate travel
Control of disease on products
Sperm donation for assisted reproduction
United States Department of Agriculture (USDA) Regulated Products
Meat
Poultry
Egg products
National Highway Traffic Safety Administration (NHTSA) Regulated Products
Vehicle safety
Vehicle recalls
Child safety seats
Airbags
Safe auto parts
Tire safety
Steering components
Fuel system components
Accelerator controls
Wheels that crack or break
Engine cooling fan blades that break
Windshield wiper assemblies that fail
Seats and/or seat backs that fail
Critical vehicle components that break
Wiring system problems that result in a fire
Car ramps or jacks that may collapse
Air bags that deploy incorrectly
Child safety seats that contain defective safety belts
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HIGH COSTS TO STATES
No other state in the Nation has a law like this. The only state that is close is Michigan, which has a provision that deals only with immunity for Drug Manufacturers who receive FDA approval. Other states have had lesser versions of this bill but none had given complete immunity. This is an interesting history of "FDA defense" bills: http://www.centerjd.org/archives/studies/MIDrugImmunityF.pdf
As a result of Michigan's "FDA Law", the State of Michigan lost $82 MIllion dollars in "refunds" from the manufacturer of Vioxx who was accused of falsifying safety records to the FDA.
One of the reasons Michigan passed the law in 1995 was to attempt to keep Merck and Pfizer as empoloyers in the state. Michigan passed the law and Merck left anyhow. also In 2007, Pfizer announced plans to completely close the Ann Arbor, Nagoya and Amboise Research facilities by the end of 2008, eliminating 2,160 jobs and idling the $300-million dollar Michigan facility.
Can North Carolina afford to give a pass on the safety of all of these items?
Vioxx cost Michigan $82 million in additional Medicaid costs. Michigan can’t recover those damages from Merck because of the "FDA defense." If this bill is enacted, NC Medicaid and NC taxpayers will also be left holding the bag. The Michigan Court of Appeals affirmed this "defense" on March 11, 2011.
These questions need to be asked:
WHY DOES THE LEGISLATURE WANT TO MAKE NC THE DUMPING GROUND FOR DANGEROUS AND DEFECTIVE PRODUCTS, WITHOUT CREATING A SINGLE JOB?
WHY WOULD THE LEGISLATURE LEGALIZE THE SALE OF DANGEROUS DRUGS?
HOW DID NC GET THIS PROPOSED LAW?
How did this "law" get to North Carolina? It got here from ALEC, the "American Legislative Exchange Counsel" a libertarian and conservative think tank funded by big industry with their goal of protecting corporate interests from any safety regulation.
Who funds ALEC? If you go to the link you will find a long list of manufacturers, drug makers, industrial polluters, and other "mega corporations".
WHAT CAN I DO?? IF YOU DON'T THINK THIS IS A GOOD IDEA FOR NC, PLEASE CONTACT ANY MEMBER OF THE HOUSE SELECT COMMITEE ON TORT REFORM:
You can find them at NC House Select Committee on Tort Reform. Or here: http://www.ncga.state.nc.us/gascripts/Committees/Committees.asp?sAction=ViewCommittee&sActionDetails=House%20Select_127
Send them an email or a letter. Or give them a call. They meet tomorrow (Thursday, March 31) at 11 am. Act now, before it is too late.
Chris Nichols