CHD Petitions Supreme Court to Review Case Alleging FDA’s Improper Use of Emergency Power in Approving COVID Vaccines for Children

Children’s Health Defense (CHD) and five parents have filed a lawsuit against the U.S. Food and Drug Administration (FDA) for granting emergency use authorization of COVID-19 vaccines for children and babies.

The lawsuit alleges that the FDA misused its emergency powers to push dangerous biologics on minors. The plaintiffs argue that the FDA used misleading tactics, including the use of Sesame Street and Elmo, to promote the vaccines to children.

The U.S. Court of Appeals for the 5th Circuit upheld a lower court’s dismissal of the lawsuit, stating that the plaintiffs lacked standing to sue the FDA. CHD has petitioned the U.S. Supreme Court to review this decision and address the issue of who can hold the FDA accountable for its actions. The lawsuit seeks to hold the FDA accountable for authorizing a harmful drug that continues to injure children.

The Supreme Court receives thousands of petitions each year but only grants a small number of them, so the chances of CHD’s case being heard are slim. However, the case raises important constitutional issues and highlights the inconsistency in how different circuit courts apply the law, which could impact equal justice.

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By Kate Stephenson
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