AZ HB2840

Amends Arizona Revised Statutes Section 12-701 to establish an affirmative defense in civil actions for drug manufacturers and sellers whose products comply with FDA approval or are recognized as safe by the FDA.

Provides the affirmative defense applies when a plaintiff claims the seller or manufacturer provided defective labeling/warnings, failed to warn of dangers, or failed to provide proper instructions for drug use.

The affirmative defense does not apply if the plaintiff proves by clear and convincing evidence that the defendant knowingly withheld or misrepresented material information to the FDA in violation of applicable federal regulations.

Defines "drug" for purposes of this statute as having the same meaning prescribed in Section 201(g)(1) of the federal Food, Drug and Cosmetic Act.