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Federal Law Prevents Mandatory Vaccines Developed Under Emergency Use Authorization…But Employers/Schools Are Mandating Anyway

Pfizer BioNTech COVID-19 vaccine
Image by Arne Müseler

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A huge vaccine story is about to blow wide open. Employers, schools, etc. have begun to mandate the vaccine for the CCP virus, which is entirely illegal, as the medicine is experimental.

While we realize that the current administration cares nothing at all about Federal law, it IS against the law for mandatory vaccines without the clinical trials completed.

While organizations are certainly free to encourage their employees, students, and other members to be vaccinated, federal law provides that, at least until the vaccine is licensed, individuals must have the option to accept or decline to be vaccinated, wrote Stat News.

Even though the FDA granted emergency use authorizations for the  Pfizer/BioNTech  and  Moderna vaccines in December 2020, the clinical trials the FDA will rely upon to ultimately decide whether to license these vaccines are still underway and are designed to last for approximately two years to collect adequate data to establish if these vaccines are safe and effective enough for the FDA to license.

The same section of the Federal Food, Drug, and Cosmetic Act that authorizes the FDA to grant emergency use authorization also requires the secretary of Health and Human Services to “ensure that individuals to whom the product is administered are informed … of the option to accept or refuse administration of the product.”

This means that an organization will likely be at odds with federal law if it requires its employees, students or other members to get a Covid-19 vaccine that is being distributed under emergency use authorization.

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3 comments

Avatar
CharlesC February 24, 2021 at 12:17 am

I think your quotation of the applicable statute leaves something out. In whole, that section reads:

“of the option to accept or refuse administration of the product, of the consequences, if any, of refusing administration of the product, and of the alternatives to the product that are available and of their benefits and risks.”

It may very well be that one of the consequences of refusing administration might be that the individual is fired.

I believe more work has to be done before you can offer an opinion on the legalities in this issue.

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Avatar
John February 24, 2021 at 12:44 pm

Excellent, since you only sign a waiver not to sue the vaccine company that leaves businesses mandating the vaccine %100 percent open to lawsuits for any complications that arise from taking the shot!!!

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JB April 11, 2021 at 8:29 pm

I found this interesting. Please send to Employers, Universities, Schools and Businesses so they know they are opening themselves up to lawsuits.

https://www.statnews.com/2021/02/23/federal-law-prohibits-employers-and-others-from-requiring-vaccination-with-a-covid-19-vaccine-distributed-under-an-eua/

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