Federal court dismisses lawsuit over FDA authorization of COVID-19 vaccines for children News
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Federal court dismisses lawsuit over FDA authorization of COVID-19 vaccines for children

A Texas federal court Thursday granted the US Food and Drug Administration’s (FDA) motion to dismiss a lawsuit brought against them for authorizing COVID-19 vaccine administration to children. The FDA filed to dismiss the lawsuit based on lack of subject-matter jurisdiction and failure to state a claim. The US District Court for the Western District of Texas granted the motion for both claims.

The court explained that the Children’s Health Defense–one of the plaintiffs that sought to penalize the FDA’s authorization–failed to prove that the FDA’s authorization meant that their children were likely to be vaccinated without their knowledge or consent. The court also stated that even if they had jurisdiction over the case, the plaintiff’s claims would still be dismissed for failing to state a claim. In other words, there was no legal dispute that the court thought could be resolved through the lawsuit. The court also stated that the FDA rightfully identified and justified that the COVID-19 pandemic was a public emergency. The court found that the FDA considered all potential risks and were not irresponsible in authorizing the COVID-19 vaccinations for children.

The plaintiffs originally sued the FDA in 2022 for the authorization of administration of the COVID-19 vaccine to young children. The plaintiffs claimed that the FDA aimed to “push dangerous drugs” on minors and “mislabeled and misbranded” said drugs to the public so that they would be mandated for children as young as five years old. Among other claims, the plaintiff’s complaint included allegations of abuse of emergency use of authorization and inadequate clinical trials. The plaintiffs also claimed the FDA ignored citizen protests to the vaccine mandate and alleged the Pfizer vaccine was not a vaccine but gene therapy. The plaintiffs claimed the FDA acted in violation of the Administrative Procedure Act and sought declaratory relief as a result.

According to the US Centers for Disease Control’s (CDC) website, children as young as six months old remain eligible for the COVID-19 vaccines.