SB0408 • 2026

Advertisement of a Harmful Vaccine

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Grall
Last action: 2026-03-13
Official status: Senate - Died in Health Policy
Effective date: 2026-07-01

Plain English Breakdown

The candidate explanation includes claims about health care providers and general harm that are not supported by the official source material.

Rules for Advertising Harmful Vaccines

This bill defines what it means to advertise a vaccine and holds manufacturers responsible if their advertisements lead to harm.

What This Bill Does

Defines 'advertise' as any paid promotion of a vaccine, including TV ads, radio spots, internet posts, or influencer promotions.
Holds vaccine manufacturers liable if their advertised vaccines cause harm in Florida.
Allows individuals to sue vaccine makers within three years if they are harmed by an advertised vaccine.
Requires courts to award actual damages, court costs, and reasonable attorney fees to those who win these lawsuits.

Who It Names or Affects

Vaccine manufacturers
People who get vaccines

Terms To Know

advertise: A paid promotion of a vaccine through media such as TV, radio, internet, or influencer promotions.
manufacturer liability: The responsibility of a company to pay for damages caused by their advertised vaccines.

Limits and Unknowns

Does not cover discussions between health care providers and patients about vaccines.
Does not apply to posters or decorations in healthcare settings that promote vaccines without payment.

Bill History

2026-03-13 Senate
• Died in Health Policy
2026-01-21 Senate
• Now in Health Policy
2026-01-20 Senate
• Favorable by Regulated Industries; YEAS 5 NAYS 3
2026-01-15 Senate
• On Committee agenda-- Regulated Industries, 01/20/26, 9:30 am, 412 Knott Building
2026-01-13 Senate
• Introduced
2025-11-17 Senate
• Referred to Regulated Industries; Health Policy; Rules
2025-11-05 Senate
• Filed

Official Summary Text

Advertisement of a Harmful Vaccine; Defining the term “advertise”; providing manufacturer liability under certain circumstances; authorizing an individual to file a cause of action under certain circumstances within a specified timeframe, etc.

Current Bill Text

Read the full stored bill text

Florida Senate
-
2026

SB 408

By
Senator Grall

29-00511-26 2026408__
1 A bill to be entitled
2 An act relating to the advertisement of a harmful
3 vaccine; amending s. 499.0054, F.S.; defining the term
4 “advertise”; providing manufacturer liability under
5 certain circumstances; authorizing an individual to
6 file a cause of action under certain circumstances
7 within a specified timeframe; providing that a
8 prevailing party is entitled to actual damages, court
9 costs, and reasonable attorney fees; providing an
10 effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Subsection (4) is added to section 499.0054,
15 Florida Statutes, to read:
16 499.0054 Advertising and labeling of drugs, devices, and
17 cosmetics; exemptions.—
18
(4)(a)

As used in this subsection, the term “advertise”

19
means a media communication, including, but not limited to,

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television, radio, print, the Internet, digital or electronic

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media, product placement, promotion by an influencer in exchange

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for compensation, or any other manner of paid promotion, that a

23
vaccine manufacturer purchases to promote the manufacturer’s

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vaccine. The term does not include:

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1.

Any discussion between a health care provider and the

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provider’s patient or any written materials that a health care

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provider provides to a patient concerning a vaccine; or

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2.

Any posters, decorations, or other materials or

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promotional items concerning a vaccine that are displayed in or

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made available by a health care facility, health care provider’s

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office, or other clinical setting.

32
(b)

A manufacturer is liable to an individual if the

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manufacturer advertises a vaccine in this state and the

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advertised vaccine causes harm or injury to an individual.

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(c)

Notwithstanding any other law to the contrary, an

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individual may bring an action under this section within 3 years

37
following the accrual of the cause of action.

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(d)

A court shall award a claimant who prevails in an

39
action brought under this section actual damages, court costs,

40
and reasonable attorney fees.

41 Section 2. This act shall take effect July 1, 2026.