Children's Health Defense ByÂ
Pfizer is seeking to shift a lawsuit filed by Texas Attorney General Ken Paxton accusing the drug giant of âfalseâ and âdeceptiveâ marketing of its COVID-19 vaccines to federal court, according to everythinglubbock.com.
In a Dec. 28, 2023, filing with the 99th Judicial District Court for Lubbock County, where the lawsuit was filed, Pfizer argued that the court lacked jurisdiction and that the case should be moved to the U.S. District Court for the Northern District of Texas.
Pfizer also seeks the dismissal of the lawsuit based on several claims, including protection under the liability shield provided by the Public Readiness and Emergency Preparedness Act, or PREP Act, First Amendment free speech protections and âimmunityâ because it acted on behalf of the federal government to produce the vaccines.
âPfizer is not liable because Pfizer did not make any statement nor take any action that had the capacity or tendency to deceive consumers,â the company claimed in its filing.
The lawsuit, filed Nov. 30, 2023, alleges Pfizer made âfalse, misleading, or deceptiveâ claims about its COVID-19 vaccine, tried to intimidate and censor critics of the vaccine, and violated the Texas Deceptive Trade Practices Act in marketing claims the company made about the efficacy, duration of protection and ability of its COVID-19 vaccine to prevent transmission.
The lawsuit also alleges Pfizer cited misleading statistics, concealed negative data and made unsupported statements about efficacy against variants like Delta.
Paxton, who first announced in May 2023 that his office would investigate COVID-19 vaccine manufacturers Pfizer, Moderna and Johnson & Johnson, is seeking over $10 million in civil penalties, plus injunctive relief barring Pfizer from making claims about vaccine efficacy similar to those challenged in the lawsuit.
Legal and pharmaceutical experts disputed Pfizerâs claims, and said that the case may have significant implications for others who seek to challenge the PREP Act liability shield.
Ray Flores, senior outside counsel for Childrenâs Health Defense, told The Defender, âThere are consumer protection laws in every state, including Texas, that afford robust protectionâ to consumers…
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