I 111th CONGRESS 2d Session H. R. 6421 IN THE HOUSE OF REPRESENTATIVES November 17, 2010 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.

1.

Short title

This Act may be cited as the Consumer Protection Act of 2010.

2.

Learned intermediary defense

(a)

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. (b)

Definition

In this section— (1)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 (2)the term State includes the District of Columbia, Puerto Rico, and any other commonwealth, possession, or territory of the United States.