States and employers, under federal law, can’t mandate emergency use products such as the Pfizer and Moderna COVID vaccines. But that doesn’t mean some won’t try.
There are many opaque current and future legal issues around COVID-19 and the measures to contain it. Fortunately, because the Pfizer and Moderna vaccines are emergency use products, and as such, not fully licensed, the law is clear: States may not mandate the vaccines, and private entities do so at the peril of violating federal law.
The law governing vaccines approved for emergency use
For the time being, there are only two COVID-19 vaccines available in the United States: the Pfizer-BioNTech vaccine and the Moderna vaccine. The U.S. Food and Drug Administration (FDA) has issued them both Emergency Use Authorizations (EAU) but not yet…
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