Former Food and Drug Administration (FDA) commissioner David Kessler, who served from 1990 to 1997, has come out against a proposed ban on lawsuits supported by the FDA and major food and drug companies. Under the legal doctrine known as preemption, states and consumers would no longer be able to sue companies over any products which had earned FDA approval.
According to a copy of Kessler’s testimony, the FDA is simply too underfunded to compete with the vast resources of major corporations. Its ability to catch potential problems with a new product is too limited to make preemption a viable doctrine.
Other prominent opponents of the proposed bad, including actor Dennis Quaid, have also voiced concerns, saying that any ban on lawsuits would remove the threat of liability, the strongest incentive for large corporations to act responsibly and ensure the safety of their consumers.
For more information on defective products and their effects, contact a Racine product liability lawyer from Habush Habush & Rottier S.C. ®, at 262-554-6200.