When President-elect Donald Trump stated he would nominate one of many nation’s most distinguished anti-vaccine motion leaders to guide the Well being and Human Providers Division, some social media customers warned People to replace their vaccines.
“IMPORTANT — vaccines may now be BANNED for a part of this winter by Trump and RFK Jr, though hopefully any such ban would get halted with an injunction in court docket,” learn one Nov. 15 Threads post. “GET CAUGHT UP ON VACCINES NOW — simply in case.”
For 20 years, Robert F. Kennedy Jr. has repeated false and deceptive claims about science and public well being. His unsuccessful presidential marketing campaign of conspiracy theories earned him PolitiFact’s 2023 Lie of the Year. Kennedy, the nephew of Democratic President John F. Kennedy and the son of former presidential candidate Sen. Robert Kennedy Sr., D-N.Y., ran as an impartial earlier than suspending his marketing campaign in August and backing Trump.
Scientists signaled their alarm at Trump’s choice to faucet Kennedy. There are 13 businesses housed within that division, together with the U.S. Facilities for Illness Management and Prevention, the Meals and Drug Administration and the Nationwide Institutes of Well being.
Scientists have been removed from alone in expressing concern about what Kennedy may do as Well being and Human Providers secretary.
“Critical query — can he outlaw vaccines?” one Threads person asked Nov. 14. “Like if I wish to get a Covid and flu vaccine subsequent yr, is it potential they received’t be obtainable?”
The outlook is murky, partly as a result of we are able to’t be certain what Kennedy will do. On. Nov. 6, earlier than Trump formally tapped him for the seat, Kennedy informed an NBC News reporter, “If vaccines are working for anyone, I’m not going to take them away.”
Vaccine legislation and coverage specialists informed PolitiFact that Kennedy couldn’t unilaterally ban vaccines and that any effort to ban vaccines would seemingly face a authorized battle. However Kennedy may nonetheless cut back how accessible they’re for People, they stated. And a few of his energy rests on whether or not Trump’s administration can get buy-in from different lawmakers and public well being leaders, a few of whom Trump may additionally appoint.
Wendy Parmet, a Northeastern College legislation professor and the director of the legislation faculty’s Middle for Well being Coverage and Regulation, stated Kennedy couldn’t ban vaccines “by fiat,” or with one order or decree.
However he “may start the method of getting the FDA re-review the security of vaccines and transfer to revoke or place restrictions on some vaccine approvals,” she stated. “However this may take time and would undoubtedly be challenged in court docket.”
There are limits to the Well being and Human Providers secretary’s degree of management over vaccines, Parmet stated. But when he’s confirmed, Kennedy would “management the individuals who management the businesses which have a variety of authority over vaccines,” she stated.
Kennedy may have these folks act to restrict vaccine entry by revoking vaccines’ licenses or directing the CDC to alter its vaccine messaging and suggestions, which might have an effect on insurance coverage protection and medical follow, Parmet stated.
Nonetheless, “there isn’t a authority to ban vaccines as a bunch nationwide,” she stated. “He would wish an act of Congress for that.”
Dorit Reiss, a vaccine legislation and coverage skilled at College of California Regulation, San Francisco, informed PolitiFact that federal regulations dictate how authorized vaccines are taken off the market.
“It’s essential meet procedural necessities and present that the removing was not arbitrary and capricious,” she stated. “And the principle actor on that’s the FDA commissioner, not the secretary, and we have no idea who that can be” or whether or not they’ll be “sympathetic to the thought but.”
The rules say the FDA commissioner — whom Trump would additionally appoint — may start the license revocation course of if the commissioner finds that “the licensed product will not be secure and efficient for all of its supposed makes use of.”
For years, Kennedy’s chorus has been that vaccines are unsafe. In July 2023, he told a podcaster that some vaccines “are in all probability averting extra issues than they’re inflicting,” however in the identical breath Kennedy maintained: “There’s no vaccine that’s, , secure and efficient.”
After notifying the producer of the company’s plan to revoke a vaccine license, the FDA commissioner must hold a hearing and in addition present the producer “reasonable” time to realize compliance with no matter the federal government had requested of them.
“Producers might properly sue in the event that they disagree,” Reiss stated. “If there isn’t a ample justification, (they) might win in court docket in opposition to the revocation.”
Reiss stated it’s simpler to cease the approval of recent vaccines than it’s to revoke entry to present vaccines, however it could require an FDA commissioner who’s receptive to the thought.
She added that, as secretary, Kennedy may, for instance, rescind emergency use authorizations for COVID-19 vaccinations for kids, which might end in kids youthful than 12 shedding entry to these vaccines.
Kennedy may additionally nominate or take away members of federal advisory committees, together with the Advisory Committee on Immunization Practices, which recommends vaccines that the CDC evaluations and adopts. He may fill the committee with individuals who maintain antivaccine beliefs who may then rescind vaccine suggestions, Reiss stated.
Parmet stated the CDC’s adopted vaccine suggestions decide the vaccines “lined with out cost” below the Inexpensive Care Act and the immunizations obtainable below the Vaccines for Kids program, which gives vaccines to Medicaid-enrolled and uninsured kids.
Kennedy may undermine grant applications that assist state and native immunization applications, such because the CDC’s Section 317 Immunization Program, a reference to Section 317 of the Public Health Service Act. This system goals to make sure that kids and adults are immunized by awarding federal grant cash to state and native public well being businesses to assist vaccine purchases and operation prices, the 317 Coalition web site stated. Its 2023 report to Congress stated that many of the program’s funding helps the necessary Vaccines for Kids program.
Pennsylvania’s Well being Division says this system “performs a crucial position in attaining nationwide immunization protection targets and reductions in illness.” Oklahoma’s State Division of Well being described this system as “a treasured nationwide useful resource” that gives routine vaccination for folks with out insurance coverage and responds to outbreaks of vaccine-preventable ailments.
Even with out adjustments to official vaccine suggestions, Parmet stated “casual adjustments” in CDC suggestions would possibly change mother and father’ willingness to vaccinate their children, affect states’ vaccination suggestion and influence some pediatricians’ follow.
“In different phrases, by merely altering the wording on its web site,” the CDC may “discourage or cut back vaccine uptake,” she stated.
If Kennedy’s company tried to enact a nationwide ban with none congressional motion, the trouble would seemingly face profitable authorized challenges, Parmet stated.
It’s unclear whether or not a vaccine ban would win congressional assist, however antivaccine lawmakers have made gains in statehouses nationwide lately, passing legislation that removes vaccine necessities for homeschooled kids or preemptively prohibits colleges from requiring college students to obtain COVID-19 vaccines.
Kennedy may additionally start to have the FDA rereview vaccine security and transfer to revoke or prohibit some vaccine approvals. However these actions, “would take time and would undoubtedly be challenged in court docket,” Parmet stated.
Reiss stated present legal guidelines and rules may constrain Kennedy.
“He can’t violate categorical statutory provisions except they alter, and must deal with different company heads,” such because the folks in command of the CDC and FDA, she stated.
Simply as he’ll identify the Well being and Human Providers secretary and FDA commissioner, Trump will appoint the CDC and Nationwide Institutes of Well being commissioners. In 2025, all these roles will want Senate approval, and the Senate can have a Republican majority in January. Trump had not introduced his picks for these jobs as of Nov. 20.
Kennedy may “actually try to persuade these folks, and there’s some inter-dependence — they want the secretary to go guidelines and to nominate folks to advisory committees,” Reiss stated. “Nevertheless it’s the president who has the removing energy over them, not the secretary.”
It’s additionally seemingly pharmaceutical corporations would resist by lobbying in opposition to efforts to ban vaccines and suing the federal government, Reiss stated.
PolitiFact researcher Caryn Baird contributed to this report.
This reality verify was initially published by PolitiFact, which is a part of the Poynter Institute. See the sources for this reality verify here.
