Relating to the liability of vaccine manufacturers that advertise a harmful vaccine.

Contracts

• Advertising Agencies: Amend Master Services Agreements (MSAs) immediately to include strict indemnification clauses holding the agency liable if they inadvertently serve ads to Texas IP addresses.
• Influencers: Update agreements to explicitly prohibit targeting Texas audiences. Include claw-back provisions for compensation if this geographic restriction is violated.
• Distributors: Revise co-promotion agreements to forbid partners from running independent advertising campaigns in Texas without express written consent.

Hiring/Training

• Marketing Compliance Training: Marketing teams must be retrained to distinguish between "Advertising" (liability trigger) and "Clinical Educational Materials" (exempt).
• Sales Rep Protocols: Field representatives must be trained to ensure materials are physically placed *within* clinical settings (waiting rooms, exam rooms) to qualify for the statutory exemption.

Reporting & Record-Keeping

• Negative Confirmation Logs: You must maintain auditable logs proving the *exclusion* of the Texas market from all media buys (e.g., insertion orders with "No Texas" clauses).
• Clinical Inventory: Catalog all materials provided to healthcare providers. You must be able to prove specific materials were "clinical setting materials" and not "public advertising" in court.

Fees & Costs

• Litigation Exposure: Liability is uncapped for actual damages.
• Mandatory Fee Shifting: You are required to pay the plaintiff's reasonable attorney's fees and court costs if they prevail.
• Insurance Premiums: Expect immediate premium increases or Texas-specific exclusions from your Product Liability and D&O carriers.