A lawsuit filed by Texas state officials against Pfizer alleging the vaccine maker violated the state’s consumer protection laws by misleading the public about its COVID-19 vaccine should be allowed to proceed, Texas Attorney General Ken Paxton told a Texas appeals court this week.
In an appellant brief filed Wednesday in the U.S. Court of Appeals for the 5th Circuit, the state argued that Texas consumer laws are not preempted by the federal liability shield granted to COVID-19 vaccine makers under the federal Public Readiness and Emergency Preparedness Act (PREP Act).
Texas sued Pfizer in state court in November 2023, alleging the company’s “false” and “deceptive” marketing of its COVID-19 vaccine violated the Texas Deceptive Trade Practices Act (DTPA).
In January 2024, Pfizer successfully shifted the case to federal court. The U.S. District Court for the Northern District of Texas, Lubbock Division, dismissed the suit in December 2024. Texas appealed in January…
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