Members of the US Armed Services Sue DoD & FDA Leadership Over Vaccine Mandates

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Are the Department of Defense COVID-19 vaccine mandates unconstitutional and unlawful because the vaccines remain experimental—e.g., investigational products—thus requiring informed consent? The plaintiffs of a recently filed lawsuit allege that the COVID-19 vaccines from both Pfizer-BioNTech (BNT162b2) and Moderna (mRNA-1273) remain experimental and that no vaccines should be mandated without informed consent based on multiple federal statutes raising such requirements for “unlicensed product,” including 10 U.S.C. § 1107a and 21 U.S.C. § 360bbb-3 or the “Informed Consent Laws.” The mandates were issued by the Secretary of Department of Defense (DoD) Lloyd Austin, III, who is named as the defendant in this case as is Janet Woodcock, Principal Deputy Commissioner with the U.S. Food and Drug Administration (FDA), and Xavier Becerra, Secretary of the Department of Health and Human Services.