H.B. No. 3441 introduces new provisions to the Texas Health and Safety Code regarding the liability of vaccine manufacturers that advertise vaccines deemed harmful. The bill defines "advertise" to encompass various forms of media communication, including television, radio, print, and digital platforms, while excluding discussions between healthcare providers and patients or promotional materials displayed in clinical settings. Under the new Section 431.118, a manufacturer can be held liable if they advertise a vaccine in Texas that subsequently causes harm or injury to an individual.

Additionally, the bill stipulates that individuals have the right to bring a legal action against the manufacturer within three years of the cause of action accruing. If successful, claimants are entitled to actual damages, as well as court costs and reasonable attorney's fees. The changes enacted by this bill will only apply to causes of action that arise on or after its effective date of September 1, 2025.

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