On July 7, 2022, WLF urged California’s First District Court of Appeal to review, and ultimately to overturn, a trial court ruling that advances a radical new theory of liability for manufacturers of non-defective prescription drugs. As WLF explained in its amicus brief, the trial court’s theory of liability makes a hash of California tort law. Under longstanding principles governing product-based injuries, a concession that the product at issue is not defective should end the litigation. Eliminating the defect element from product-based claims would open the door to untethered liability and undermine product innovation. And because nothing in the trial court’s decision limits this new tort theory to prescription drugs, the ruling invites a torrent of abusive lawsuits against the manufacturers of other beneficial and non-defective products as well.


WLF letter brief