“Big Win: Court Rules Pfizer Can Be Sued for Deception”

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 company’s 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 Kansas’ 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 Kansas’ case centers on claims of deceptive marketing practices, not on physical injuries, and therefore is not preempted by the Act.

“That point alone ends the debate,” 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 “safe and effective” 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 vaccine’s 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 Pfizer’s communications misled consumers and violated state law.

Pfizer’s Federal Defense Rejected

Pfizer initially succeeded in transferring the lawsuit to federal court in July 2024, arguing that the PREP Act completely preempted Kansas’ claims. In October, Pfizer reiterated that position, claiming federal law rendered the state’s consumer protection claims invalid under federal preemption doctrines.

However, Judge Crabtree rejected this reasoning, stating that the PREP Act’s protections do not extend to claims solely based on marketing conduct. “This case is about deceptive representations made to consumers — not about physical injuries from vaccine administration,” he wrote.

Legal experts suggest the ruling could significantly impact how vaccine-related litigation unfolds nationwide.

A Precedent With Broader Implications

“This first-of-its-kind ruling declares Pfizer’s deceptions aren’t afforded carte blanche treatment,” said Ray Flores, senior outside counsel for Children’s Health Defense (CHD), a nonprofit organization supporting the Kansas case. “It creates a viable path for Pfizer to potentially be held accountable for its wrongdoing on a massive scale.”

CHD General Counsel Kim Mack Rosenberg added, “The ruling may embolden other states to explore legal avenues under their own consumer protection laws.”

Until now, most courts have upheld Pfizer’s immunity under the PREP Act. For instance, a similar lawsuit filed by the State of Texas was dismissed by a federal court in the Northern District of Texas. Flores emphasized that the Kansas decision “sets a new, persuasive precedent and provides a roadmap for others to follow.”

Other Legal Challenges to PREP Act Protections

Several other legal cases across the country are also testing the boundaries of the PREP Act:

• North Carolina: The Supreme Court of North Carolina ruled in March 2025 that the PREP Act does not override state laws requiring parental consent for medical treatment. The case involves a mother who alleged her 14-year-old son was vaccinated at school without consent.

• AstraZeneca Lawsuit: In another significant case, a federal court ruled in November 2024 that the PREP Act does not shield vaccine manufacturers from breach-of-contract claims. Plaintiff Brianne Dressen alleged that AstraZeneca failed to provide promised medical care after she became disabled during a vaccine trial. That case is ongoing, with an appeal in progress.

Looking Ahead

Pfizer is expected to appeal Judge Crabtree’s decision. However, if the ruling stands, the company may face a public trial in Kansas state court, where it will be forced to defend its vaccine marketing practices in detail.

Legal observers note the decision could mark a turning point in vaccine-related litigation, particularly for cases focused not on injury, but on allegedly misleading public communications.

Whether other states will now follow Kansas’ lead remains to be seen. But for now, the ruling signals that some courts may be willing to examine the actions of vaccine manufacturers outside the shield of federal liability protections — especially when those actions pertain to public messaging rather than medical harm.

Rewritten. Source article posted here: https://tdefender.substack.com/p/pfizer-covid-vaccine-deceptive-marketing-kansas-lawsuit-state-court

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