California Invents a Crazy New Tort

Businesses are often sued for selling allegedly faulty products that aren’t actually defective. Last week a California appeals court ruled that businesses can also be sued for failing to develop a product. Behold California’s new tort standard: You should have built that.

Some 24,000 patients have sued Gilead Sciences in California state court for failing to introduce an allegedly safer version of an HIV drug. The Food and Drug Administration in 2001 approved a life-saving HIV medication by Gilead. The plaintiffs don’t argue that the drug is defective or lacked adequate warnings.