A federal judge ruled this week that the State of Kansas may proceed with its consumer protection lawsuit against Pfizer in state court, rejecting the pharmaceutical companyβs effort to move the case to federal jurisdiction under the Public Readiness and Emergency Preparedness (PREP) Act.
The decision could mark a pivotal moment in efforts to hold vaccine manufacturers accountable for how COVID-19 vaccines were marketed to the public.
In his opinion, U.S. District Judge Daniel D. Crabtree ruled that Kansasβ allegations fall outside the scope of the PREP Act, which grants legal immunity to vaccine manufacturers for injury claims tied to federally recommended pandemic countermeasures. Crabtree found that Kansasβ case centers on claims of deceptive marketing practices, not on physical injuries, and therefore is not preempted by the Act.
βThat point alone ends the debate,β Crabtree wrote, concluding the case should be remanded to the District Court of Thomas County, where it was originally filed.
The Kansas Lawsuit
On June 17, 2024, Kansas Attorney General Kris Kobach filed suit against Pfizer, alleging the company violated the Kansas Consumer Protection Act by misrepresenting its COVID-19 vaccine as βsafe and effectiveβ while concealing evidence of serious risks and diminishing effectiveness over time. The complaint alleges that:
- Pfizer did not disclose links between the vaccine and conditions such as myocarditis, pericarditis, pregnancy complications, and deaths;
- The company falsely promoted the vaccineβs continued efficacy even as internal data showed its effectiveness waned;
- Pfizer misled the public by claiming the vaccine would prevent transmission of the virus, despite never conducting studies to confirm that claim.
The case does not involve injury or wrongful death claims. Instead, it alleges that Pfizerβs communications misled consumers and violated state law.
"Big Win: Court Rules Pfizer Can Be Sued for Deception" – DailyClout https://t.co/AQMMfDkp82
— 815wrldtrvlr (@815wrldtrvlr) May 15, 2025
