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RFK, Jr. to Rutgers President: COVID vaccine mandate violates federal law

Children’s Health Defense

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3-30-21

The announcement last week by Rutgers University that it would require all students to get the COVID vaccine prompted CHD Chairman Robert F. Kennedy, Jr., to remind university officials that federal law prohibits mandating Emergency Use Authorization vaccines.

 

March 30, 2020 (Children’s Health Defense) –  Rutgers University last week announced it will require all students enrolled for the 2021 fall semester to be vaccinated for COVID-19.

The announcement prompted Children’s Health Defense (CHD) Chairman Robert F. Kennedy, Jr. to remind university officials that federal law prohibits mandating products approved under the U.S. Food and Drug Administration’s Emergency Use Authorization (EUA).

In a letter to Rutgers President Jonathan Holloway, Kennedy, who also serves as chief legal counsel for CHD, wrote:

“Federal law 21 U.S.C. § 360bbb-3(e)(1)(A)(ii)(III) requires that the person to whom an EUA vaccine is administered be advised, ‘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.’”

The reason for the right of refusal stems from the fact that EUA products are by definition experimental, Kennedy wrote. “Under the Nuremberg Code, no one may be coerced to participate in a medical experiment. Consent of the individual is ‘absolutely essential,’” Kennedy wrote.

Kennedy said forced participation in a medical experiment could result in injury.

Dr. Hooman Noorchashm, who also spoke out against Rutgers’ policy, agreed. Specifically, he said, students should be pre-screened for COVID infection before vaccination.

In an open letter to Rutgers, Noorchashm, a surgeon and patient safety advocate, wrote:

“While I fully agree with your policy of maximal immunity for all students and faculty attending in-person on the Rutgers campuses, you must also remain 100% cognizant of a potential danger of indiscriminate vaccination to some of your students. This potential danger is not only a safety risk, it would also pose a risk of liability to your university.”

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