HL Deb 16 July 1990 vol 521 cc736-7WA
Lord Kennet

asked Her Majesty's Government:

Whether the genetically engineered hormone BST would, if licensed, qualify as a "state of the art" product, liability for compensation for damage from which would not fall on the manufacturers.

Baroness Trumpington

All medicinal products are covered by Part I of the Consumer Protection Act 1987, and it would be for the courts to decide in any case on the availability of the defences provided in the Act, including that in Section 4(1)(e) sometimes known as the state of the art defence. However, no BST product would be licensed under the Medicines Act until the Veterinary Products Committee is satisfied that it meets the criteria of safety, quality and efficacy.