Vaccine Mandates and the Law

 Does the law mean anything anymore in regards to Covid-19 mandates? Can you be forced to wear a mask or get tested or be vaccinated to go to school or get a job? The law says no. Keep in mind that masking and testing and especially vaccinations are all approved by the FDA as emergency use authorizations. In other words, they have not gone through the supposedly rigorous process of testing and approval and license of other drugs and medical devices and procedures. Think “experimental.” Can you be forced to participate in a medical experiment? No. Thus says the law.

Title 21 U.S.C. § 360bbb-3(e)(1)(A)(ii)(I-III) of the Federal Food, Drug, and Cosmetic Act states: individuals to whom the product (includes drug, device or biological product- “a4 definitions”) is administered are informed— (I) that the Secretary has authorized the emergency use of the product; (II) of the significant known and potential benefits and risks of such use, and of the extent to which such benefits and risks are unknown; and (III) 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.

Emergency Use Authorizations are by definition experimental and therefore require the right of refusal. Under the Nuremberg Code, the foundation of ethical medicine, no one may be coerced to participate in a medical experiment. Consent of the individual is “absolutely essential.” A federal court held that the U.S. military could not mandate EUA vaccines to soldiers. Doe #1 v. Rumsfeld, 297 F.Supp.2d 119 (2003). The court held: "...the United States cannot demand that members of the armed forces also serve as guinea pigs for experimental drugs." Id. at 135. No court has ever upheld a mandate for an EUA vaccine.

Does this apply to masks and tests? The FDA has issued Emergency Use Authorizations for over 200 different test kits manufactured by various organizations. Each of FDA’s EUA letters relies on 21 U.S.C. § 360bbb3(e)(1)(A)(ii)(I- III), stating: “This test is only authorized for the duration of the declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for detection and/or diagnosis of SARS-CoV-2….”

In a letter dated April 24, 2020, the Food and Drug Administration stated that authorized face masks must be labeled accurately and may not be labeled in a way that misrepresents the product’s intended use as “source control to help prevent the spread of SARS-CoV-2.” The letter specifies that the labeling “may NOT state or imply that the product is intended for antimicrobial or antiviral protection or related uses or is for use such as infection prevention or reduction.” Any EUA mandate requiring individuals to wear face masks conflicts with Section 360bbb-3(e)(1)(A)(ii)(I-III), which provides that the person must be informed of the option to refuse to wear the device. “Authorized” face masks cannot be said to protect against or prevent microbial or viral infection or spread. Shouldn't this put the final nail in the coffin of Dr. Fauci and his mask tyrants? They knew masking was pointless all along.

This is the law. Will it matter? It won't if you don't know it. Will it get you into school or give you the ability to do your job without it? Doubtful. If anything should be clear throughout this whole pandemic debacle it is that the law and Constitution means nothing. We no longer live in a nation of laws but are ruled according to the whims of men.