Michigan Drug Immunity Repeal Gives Shot in the Arm to Plaintiffs’ Bar

Since 1995, pharmaceutical manufacturers and sellers have enjoyed tort immunity in Michigan under MCL 600.2946 when (1) the drug was approved by the federal Food and Drug Administration (“FDA”), (2) the manufacturer or seller did not fraudulently obtain the approval, (3) the drug and its labeling complied with the approval, and (4) the approval was not withdrawn.

According to Senate Bill Analysis, this statute was generally recognized as the strongest such immunity protection in the United States. Indeed, as of 2023, Michigan was the only state that statutorily offered drug manufacturers a blanket defense for products liability.

This week, Governor Gretchen Whitmer (D) signed Senate Bill (“SB”) 410, repealing this immunity.