Texas House Passes Bill Allowing Lawsuits Against Vaccine Manufacturers for Harmful Advertising: HB 3441

If it passes the Senate and is signed by the governor, it will go into effect on September 1, 2025.

May 17, 2025

In a major victory for accountability and informed consent, the Texas House of Representatives passed HB 3441 yesterday, a bill that would allow Texans to sue vaccine manufacturers whose advertising leads to injury or harm.

The unprecedented move comes as CDC data show there have been an alarming 2,665,796 adverse events linked to vaccines since 1990, the vast majority related to COVID-19 jabs.

But if fewer than 1% of adverse events are reported—as a 2010 HHS-funded Harvard analysis confirms—the real number could exceed 266 million, or roughly 7.6 million per year, or 20,800 per day.

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First filed in February, the new bill passed yesterday by a vote of 88–31, moving the legislation one step closer to becoming law.

The pioneering legislation boasts a whopping 79 brave sponsors, 74 Republicans and 5 Democrats.

The bill is spearheaded by Representatives Shelley Luther (R-62), Jeff Leach (R-67), Marc LaHood (R-121), Oscar Longoria (D-35), and Mike Schofield (R-132).

If you want this kind of bill passed in your state or at the federal level, you can find your local, state, and U.S. representatives here and let them know.

What the Bill Does

Texas House Bill 3441, titled “Relating to the liability of vaccine manufacturers that advertise a harmful vaccine,” holds pharmaceutical companies liable if:

They advertise a vaccine in Texas through paid promotion, and
That advertised vaccine causes injury or harm to an individual.

In short: if a vaccine manufacturer pushes a product through ads—and that product ends up causing harm—they can be sued for it in court.

The bill defines “advertising” broadly to include:

Television and radio ads
Print media and digital media
Product placements and influencer promotions

But excludes materials inside a clinical setting or direct conversations between doctors and patients.

Legal Ramifications

HB 3441 creates a clear legal pathway for Texans to bring a civil action against vaccine manufacturers—up to three years after the injury occurs.

If the injured party prevails in court, the manufacturer is required to pay:

Actual damages
Court costs
Attorney’s fees

Why This Matters

For decades, vaccine manufacturers have enjoyed near-total immunity from liability thanks to federal protections under the National Childhood Vaccine Injury Act of 1986 and the PREP Act.

But HB 3441 cuts through that shield—not by targeting the product itself, but by going after the promotional lies used to sell it.

Cleverly, the bill’s authors appear to be leveraging the advertising hook as a legal workaround to federal immunity, holding companies accountable for the claims they make, not merely the product they produce.

This represents a massive legal shift.

If HB 3441 becomes law, Texas could become the first state in the nation to strip vaccine manufacturers of their immunity—at least when it comes to deceptive advertising that leads to harm.

What’s Next

The bill is now classified as “engrossed,” meaning it’s cleared the House and is headed to the Texas Senate for consideration. If it passes the Senate and is signed by the governor, it will go into effect on September 1, 2025.