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AG Nessel Celebrates Bill Signing for Drug Immunity Repeal

LANSING Michigan Attorney General Dana Nessel joined Governor Gretchen Whitmer for the signing of the Drug Immunity repeal. SB 410, sponsored by Senator Jeff Irwin, eliminates provisions in the Michigan Product Liability Act (Public Act 249 of 1995), which shielded pharmaceutical companies from certain lawsuits brought by consumers.   

“This bill was never about opening the floodgates of litigation; it’s always been about putting Michigan and its residents on an even playing field with the rest of the country,” said Nessel in her remarks during the bill signing. “We all owe a debt of gratitude to the many legislators who took up this mantle in the past, and to Senator Irwin, the legislature, and the Governor for scoring this win for drug safety, for accountability, and for Michigan today.” 

In 1995, Michigan passed legislation that made the state the only one in the nation that protected drug manufacturers and sellers from liability stemming from the safety and efficacy of their products. This has factored into the inability of multiple administrations of the Department of Attorney General to straightforwardly address the conduct of certain companies in the context of the opioid epidemic and recovery of taxpayer dollars paid out from the Medicaid program due to fraud. 

Since taking office in 2019, Nessel has revived the state’s Consumer Protection Division, issuing regular alerts to keep residents up to date on the latest scams, launching the Michigan Identity Theft Support unit, and fighting back against pervasive and illegal robocalls. She has been an outspoken advocate calling for major reforms to the Michigan Consumer Protection Act (MCPA) and has been actively working with the legislature on this effort. Like the Drug Immunity law that was repealed today, the MCPA is the only one of its kind in the nation hampering the ability of the Department to seek remedies on behalf of the state’s residents. 

The Department’s testimony in support of SB 410 can be viewed here.


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