I
112th CONGRESS
1st Session
H. R. 542
IN THE HOUSE OF REPRESENTATIVES
February 8, 2011
Mr. Filner introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To eliminate the learned intermediary defense to tort claims based on product liability, and for other purposes.
Short title
This Act may be cited as the
Consumer Protection Act of
2011
.
Learned intermediary defense
In general
It shall not be a defense to any tort claim in any court in the United States that a manufacture of a product has fulfilled that manufacturer’s duty of care when the manufacturer provides all of the necessary information to a learned intermediary who then interacts with the consumer of the product.
Definition
In this section—
the term
learned intermediary
means a person, licenced under applicable
State or Federal law, to advise a consumer whether or not to use the product in
question; and
the term State
includes the
District of Columbia, Puerto Rico, and any other commonwealth, possession, or
territory of the United States.