Children's Health Defense By
Texas Attorney General Ken Paxton on Monday contested Pfizer’s motion to dismiss the state’s lawsuit accusing the drug giant of “false, misleading, or deceptive” marketing of its COVID-19 vaccines and trying to intimidate critics who questioned those claims.
According to the lawsuit, filed Nov. 30, 2023, Pfizer’s claims about the efficacy, duration of protection and ability of its COVID-19 vaccine to prevent transmission violated the Texas Deceptive Trade Practices Act.
The lawsuit also alleged Pfizer cited misleading statistics, concealed negative data and made unsupported statements about the vaccine’s efficacy against variants like Delta, and that those actions negatively affected Texas citizens.
Paxton 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.
Pfizer denied the allegations last year when the lawsuit was filed, telling Reuters the case had no merit, and defending its claims about the vaccine as “accurate and science-based.”
Last month, Pfizer moved to dismiss the lawsuit. The company argued that under the Public Readiness and Emergency Preparedness Act (PREP Act), Pfizer was protected from liability claims regarding its COVID-19 vaccine “medical countermeasure,” authorized for emergency use under the Federal Food, Drug, and Cosmetic Act (FD&C Act).
In its motion to dismiss, Pfizer reiterated its claim that “since the beginning of the COVID-19 pandemic tens of millions of lives were saved by vaccination,” quoting a recent JAMA article by the U.S. Food and Drug Administration’s (FDA) Dr. Robert Califf and Peter Marks, M.D., Ph.D.
Pfizer said that without the protection afforded to vaccine makers under the PREP Act, the company would not have been able to distribute its life-saving vaccine.
The company also argued that Texas can’t bring a claim under the Deceptive Trade Practices Act — which protects consumers — “because the so-called ‘consumers’ in this case received their vaccines from the federal government for free…
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