RETRIEVE BILL
STATE OF NEW YORK
________________________________________________________________________
4476
2003-2004 Regular Sessions
IN ASSEMBLY
February 19, 2003
___________
Introduced by M. of A. REILICH, WIRTH, FINCH -- Multi-Sponsored by -- M.
of A. KOLB -- read once and referred to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to prohib-
iting punitive damages in certain product liability actions
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The civil practice law and rules is amended by adding a new
2 article 14-B to read as follows:
3 ARTICLE 14-B
4 PRODUCT LIABILITY ACTIONS
5 1414. Definitions.
6 1415. Drugs regulated or approved by the food and drug adminis-
7 tration.
8 § 1414. Definitions. In this chapter:
9 (a) "Product liability action" means an action brought for or on
10 account of personal injury or injury to property caused or resulting
11 from the manufacture, sale, use, construction, design, formula, develop-
12 ment of standards, preparation, processing, assembly, testing, listing,
13 certifying, warning, instructing, marketing, advertising, packaging or
14 labeling of any product; whether such action is based on: (1) strict or
15 absolute liability in tort; (2) negligence or gross negligence; (3)
16 breach of express or implied warranty; (4) failure to discharge a duty
17 to warn or instruct; or (5) any other theory that is the basis for an
18 award for damages for personal injury or injury to property caused by a
19 product.
20 (b) "Product" means any object possessing intrinsic value which is
21 capable of delivery either as an assembled whole or as a component part
22 and is produced for introduction into trade or commerce; but such term
23 does not include human tissue, blood and blood products, or organs.
24 (c) "Drug" and "medical device" shall have the meanings defined in the
25 federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08827-01-3
A. 4476 2
1 (d) "Labeling" means the written, printed, or graphic matter upon the
2 immediate product or any of its containers or wrappers, or other writ-
3 ten, printed, or graphic matter accompanying such product, including any
4 warnings or instructions.
5 (e) "Manufacturer" means any person who is engaged in a business to
6 design, produce, make, fabricate, construct, or remanufacture any prod-
7 uct (or component part of a product). Any product seller who acts prima-
8 rily as a wholesaler, distributor, or retailer of products may be a
9 manufacturer with respect to a given product to the extent that such
10 seller designs, produces, makes, fabricates, constructs, or remanufac-
11 tures the product before its sale.
12 § 1415. Drugs regulated or approved by the food and drug adminis-
13 tration. (a) In any product liability action, a manufacturer or seller
14 of a drug or medical device shall not be subject to punitive damages if
15 the drug or medical device that caused the plaintiff's harm was subject
16 to pre-market approval or licensure by the federal food and drug admin-
17 istration under the federal food, drug, and cosmetic act and was
18 approved or licensed, or is generally recognized as safe and effective
19 pursuant to conditions and applicable regulations, including packaging
20 and labeling regulations, established by the food and drug adminis-
21 tration.
22 (b) The prohibition on the award of punitive damages provided in
23 subdivision (a) of this section shall not apply where the manufacturer
24 or seller knowingly withheld or misrepresented information required to
25 be submitted to the food and drug administration and such information
26 was material and relevant to the harm in question.
27 § 2. This act shall take effect immediately and shall apply to all
28 claims filed on or after its effective date.