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RFK, Jr. to Rutgers President: COVID Vaccine Mandate Violates Federal Law
childrenshealthdefense.org ^ | 03/29/21 | Children's Health Defense Team

Posted on 04/02/2021 7:43:40 PM PDT by yelostar

The announcement last week by Rutgers University that it would require all students to get the COVID vaccine prompted CHD Chairman Robert F. Kennedy, Jr., to remind university officials that federal law prohibits mandating Emergency Use Authorization vaccines.

Rutgers University last week announced it will require all students enrolled for the 2021 fall semester to be vaccinated for COVID-19.

The announcement prompted Children’s Health Defense (CHD) Chairman Robert F. Kennedy, Jr. to remind university officials that federal law prohibits mandating products approved under the U.S. Food and Drug Administration’s Emergency Use Authorization (EUA).

In a letter to Rutgers President Jonathan Holloway, Kennedy, who also serves as chief legal counsel for CHD, wrote:

“Federal law 21 U.S.C. § 360bbb-3(e)(1)(A)(ii)(III) requires that the person to whom an EUA vaccine is administered be advised, ‘of the option to accept or refuse administration of the product, of the consequences, if any, of refusing administration of the product, and of the alternatives to the product that are available and of their benefits and risks.’”

(Excerpt) Read more at childrenshealthdefense.org ...


TOPICS: Culture/Society; Government; News/Current Events
KEYWORDS: education; fda; hhs; rutgers; vaccine
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"..According to CHD President Mary Holland, federal law prohibits employers from mandating EUA vaccines."
1 posted on 04/02/2021 7:43:40 PM PDT by yelostar
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To: yelostar

You know, I think he may be right.


2 posted on 04/02/2021 7:46:09 PM PDT by TBP (Progressives lack compassion and tolerance. Their self-aggrandizement is all that matters. )
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To: yelostar

This also violates the Nuremburg laws.


3 posted on 04/02/2021 7:49:21 PM PDT by Secret Agent Man (Gone Galt; Not Averse to Going Bronson.)
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To: TBP

He is right.


4 posted on 04/02/2021 7:51:47 PM PDT by romanesq (TRUSTY THE PLAN! ChiCom Joe is the Plan? Que magnificent! 👹)
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To: yelostar

EUAs are clear: Getting these vaccines is voluntary:

The same section of the Federal Food, Drug, and Cosmetic Act that authorizes the FDA to grant emergency use authorization also requires the secretary of Health and Human Services to “ensure that individuals to whom the product is administered are informed … of the option to accept or refuse administration of the product.”

Likewise, the FDA’s guidance on emergency use authorization of medical products requires the FDA to “ensure that recipients are informed to the extent practicable given the applicable circumstances … That they have the option to accept or refuse the EUA product …”

In the same vein, when Dr. Amanda Cohn, the executive secretary of the CDC’s Advisory Committee on Immunization Practices, was asked if Covid-19 vaccination can be required, she responded that under an EUA, “vaccines are not allowed to be mandatory. So, early in this vaccination phase, individuals will have to be consented and they won’t be able to be mandatory.” Cohn later affirmed that this prohibition on requiring the vaccines applies to organizations, including hospitals.

The EUAs for both the Pfizer/BioNTech and Moderna vaccines require facts sheets to be given to vaccination providers and recipients. These fact sheets make clear that getting the vaccine is optional. For example, the one for recipients states that, “It is your choice to receive or not receive the Covid-19 Vaccine,” and if “you decide to not receive it, it will not change your standard of medical care.”

What this means in practice:

When the FDA grants emergency use authorization for a vaccine, many questions about the product cannot be answered. Given the open questions, when Congress granted the authority to issue EUAs, it chose to require that every individual should be allowed to decide for himself or herself whether or not to receive an EUA product. The FDA and CDC apparently consider this fundamental requirement of choice important enough that even during the height of the Covid-19 pandemic they reinforced that policy decision when issuing their guidance related to the Covid-19 vaccines.

https://www.statnews.com/2021/02/23/federal-law-prohibits-employers-and-others-from-requiring-vaccination-with-a-covid-19-vaccine-distributed-under-an-eua/


5 posted on 04/02/2021 7:59:20 PM PDT by Grampa Dave (Starstruck tagline: (Since I'm old, I don't know whether I'm senile or brilliant. Or happily both!))
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To: Grampa Dave

Which means NOBODY can mandate the vaccines, right?

Not for travel, employment, or just plain socializing in larger venues.


6 posted on 04/02/2021 8:06:52 PM PDT by metmom (...fixing our eyes on Jesus, the Author and Perfecter of our faith..)
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To: yelostar

Violating Federal law. Bwaaaaa! Thats rich! The law is for suckers! Ask any democrap how effective laws are to their Facism!


7 posted on 04/02/2021 8:16:36 PM PDT by The MAGA-Deplorian (Democrats are lawless because Republicans are ball-less!)
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To: metmom

“Which means NOBODY can mandate the vaccines, right?

Not for travel, employment, or just plain socializing in larger venues.”

BS. I need to travel to Thailand, I can only get quarantine-less travel if I have the vaccine. The Thai GVT can mandate vaccines.


8 posted on 04/02/2021 8:21:02 PM PDT by where's_the_Outrage? (Drain the Swamp. Build the Wall.)
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To: The MAGA-Deplorian

He is right,

.


9 posted on 04/02/2021 8:21:22 PM PDT by Mears (.)
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To: yelostar

“ federal law prohibits mandating Emergency Use Authorization”

Certainly does


10 posted on 04/02/2021 8:22:03 PM PDT by stanne
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To: where's_the_Outrage?

Not BS here in the US.


11 posted on 04/02/2021 8:24:54 PM PDT by metmom (...fixing our eyes on Jesus, the Author and Perfecter of our faith..)
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To: yelostar

And what will RFK Jr. say when Uncle Joe Stolen says he’s going to mandate vaccines?


12 posted on 04/02/2021 8:27:37 PM PDT by TigersEye (Will the Younger Dryas Impact you? )
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To: The MAGA-Deplorian

We ceased to be a nation of law on 1/20/21


13 posted on 04/02/2021 8:28:03 PM PDT by lightman (I am a binary Trinitarian. Deal with it!)
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To: metmom

Well, they legally can not mandate them without violating the Federal Law and the Nuremberg Protocols.

However, the back door way around this is, if you have to travel, they can slap you with a quarantine. And they can waive the quarantine, if you the vaccine passport.

Since I don’t travel, I don’t anticipate getting any vaccine until it actually has received full FDA approval, and even then it depends on the results of the double blind studies and history of problems during this current experiment, as well as the effectiveness of any therapeutic Rx that there may be.

As it is currently, I’d just as soon take a beating. Not getting this experimental jab.


14 posted on 04/02/2021 8:33:13 PM PDT by greeneyes ( Moderation In Pursuit of Justice is NO Virtue--LET FREEDOM RING)
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To: Grampa Dave

As long as they are EUA’s - they are experimental.


15 posted on 04/02/2021 8:35:01 PM PDT by yelostar
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To: metmom
According to federal law, EUA’s are classified as experimental and cannot be mandated, for employment or anything else. Not even for “frontline” healthcare workers.

What I don’t understand is all the talk about “vaccine passports.” If the vaccines cannot be mandated/required - then “proof of vaccination ” can’t be, either.

16 posted on 04/02/2021 8:35:01 PM PDT by yelostar
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To: yelostar

Theoretically.

But like the Constitution, when did that ever stop the democrats?

However, I do intend on using that as an argument.

I may print out the law and carry it with me.


17 posted on 04/02/2021 8:40:54 PM PDT by metmom (...fixing our eyes on Jesus, the Author and Perfecter of our faith..)
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To: The MAGA-Deplorian

The legislature will probably “correct” that little oversight in the “infrastructure” bill. Buried on page 12,368 in some incomprehensible legalese designed to be ignored until passage into law.


18 posted on 04/02/2021 8:42:56 PM PDT by VTenigma (The Democrat party is the party of the mathematically challenged )
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To: lightman

Correction 11/6/2008


19 posted on 04/02/2021 8:44:25 PM PDT by VTenigma (The Democrat party is the party of the mathematically challenged )
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To: VTenigma

Maybe a tad earlier when a non-Natural born Citizen was allowed on the ballot.


20 posted on 04/02/2021 8:57:33 PM PDT by lightman (I am a binary Trinitarian. Deal with it!)
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