District of Columbia Federal Court issued a long-awaited ruling on the licensure of the anthrax vaccine, ruling that the vaccine had never properly been tested or approved by the Food and Drug Administration, and that its mandated use by the U.S. military was voided without informed consent.Read the whole story | Of course, this story makes me wonder if this is from one of those pesky "activist judges" |
The outcome is the product of a suit filed by six anonymous servicemembers, some of whom became ill after taking the vaccine, which asserted that it was unsafe and never properly licensed.
In his ruling, United States District Court Judge Emmet G. Sullivan rebuked the FDA for allowing the use of an untested vaccine.
“By refusing to give the American public an opportunity to submit meaningful comments on the anthrax vaccine, the agency violated the Administrative Procedure Act,” Sullivan wrote in his conclusion.
“Congress has prohibited the administration of investigational drugs to service members without their consent,” he added. “This court will not allow the government to circumvent that requirement.”