Michigan House Bill HB4161

Michigan 2023-2024 Regular Session

• Introduced: 3/2/23
• Refer: 3/2/23
• Report Pass: 12/3/24

Caption

Crimes: penalties; penalties for certain crimes of imprisonment for life without parole eligibility; amend public health code to exclude application to individuals less than 19. Amends sec. 17764 of 1978 PA 368 (MCL 333.17764). TIE BAR WITH: HB 4163'23, HB 4164'23, HB 4162'23, HB 4160'23

Impact

If passed, HB 4161 would significantly impact the current legal framework surrounding the pharmaceutical and medical device industries in Michigan. It introduces harsher penalties for those who violate labeling laws, thereby aiming to mitigate health risks associated with misleading drug information. The bill could create a more robust regulatory environment that encourages adherence to safe practices by penalizing those who compromise drug integrity, ultimately promoting public trust in medical products.

Summary

House Bill 4161 seeks to amend the Public Health Code of 1978, specifically regarding penalties associated with the sale and distribution of misbranded or adulterated drugs and devices. The bill establishes stringent measures against those who sell, manufacture, or offer for sale drugs or medical devices with misleading labels. Violations can lead to misdemeanor or felony charges, with penalties varying based on the severity of the offense. The bill aims to enhance consumer protection and enforce compliance among manufacturers and dealers of pharmaceuticals.

Contention

While the goal of the bill is to enhance safety and accountability, it may face contention regarding the balance between regulatory enforcement and business practices. Supporters argue that strict penalties are necessary to deter non-compliance and protect public health, especially in cases where misbranding causes injury or death. However, some industry representatives may raise concerns about the feasibility of compliance and the potential for criminalizing inadvertent mistakes, thereby arguing that the penalties could be overly severe for minor infractions.