Are there any federal or state laws that apply to defective drug injury claims?

Yes, there are federal and state laws that apply to defective drug injury claims in California. The Federal Food, Drug, and Cosmetic Act (FDCA) is a federal law that provides the FDA with the authority to review and regulate new and existing drugs. The FDCA prohibits companies from distributing or marketing drugs that are known to be or suspected of being unsafe or ineffective. California has its own laws that apply to defective drug injury claims. The California Health and Safety Code provides for a civil action for damages resulting from the manufacture, sale, or distribution of a dangerous drug. This law requires that a plaintiff injured by a dangerous drug show that the drug was unsafe, that the manufacturer failed to adequately warn of the risks, and that the plaintiff was injured as a result. Additionally, California has created strict liability for drug manufacturers, meaning that a plaintiff does not need to prove negligence to be successful in their case. In sum, there are both federal and state laws that apply to defective drug injury claims in California.

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Are there any federal or state laws that apply to defective drug injury claims?

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