The American Association for Justice (AAJ), formerly the Association of Trial Lawyers of America, was named in an article published by The Hill in Washington, D.C., for including its own provisions in the draft of an FDA bill. The AAJ wants included in the bill the provision that drug and device companies cannot use FDA approvals as a shield to block state lawsuits. The AAJ opposes the notion that the drug companies are protected under the legal standard of federal preemption against claims in state courts. When these companies market “unsafe or mislabeled products” they should be held accountable for the harm that it causes those who take FDA-approved drugs. The AAJ is not looking to reverse the standard of federal preemption; more appropriately it wants drug and device companies to recognize that an FDA-approval will no longer be sufficient to protect it from claims brought in state court.

Trial lawyers’ win on suit provision threatens FDA bill