May 26, 2005

The Honorable Thomas V. Mike Miller, Jr.
President of the Senate
State House
Annapolis, MD 21401

Dear Mr. President:

In accordance with Article II, Section 17 of the Maryland Constitution, today I have vetoed Senate Bill 413 - Civil Actions - Defenses - Sales of Food, Drugs, Cosmetics, and Other Health-Related Products.

This bill abolishes in specified civil actions a defense of indirect contact with the person on whose behalf the action is brought for a person that sells, distributes, or otherwise disposes of food, drugs, cosmetics, and specified other health-related products. Senate Bill 413 also authorizes the person to prove that all or any part of an alleged overcharge ultimately was passed on to another person by a purchaser or seller in the chain of manufacture, production, or distribution who paid the alleged overcharge. House Bill 829, which was passed by the General Assembly and signed by me, accomplishes the same purpose. Therefore, it is not necessary for me to sign Senate Bill 413.

Very truly yours,
Robert L. Ehrlich, Jr.
Governor