Children’s Health Defense attorneys today asked the U.S. Court of Appeals to reverse a lower court’s dismissal of CHD’s lawsuit challenging the U.S. Food and Drug Administration’s (FDA) Emergency Use Authorization of COVID-19 vaccines for children and babies, arguing the FDA misused the emergency power to push dangerous biologics on minors.
The arguments came more than a year after a U.S. District Court in Texas dismissed CHD’s lawsuit on grounds CHD and five Texas parents lacked standing to sue the FDA.
CHD and the five parents sued the FDA on Jan. 24, 2022, alleging the FDA violated the Administrative Procedure Act (APA) and hoping to “hold the FDA accountable for its arbitrary and capricious authorization of a harmful drug that has and continues to injure children.” The plaintiffs filed an amended complaint on July 1, 2022.