Assessing The Legality of Mandates for Vaccines Authorized via an Emergency Use Authorization

Efthimios Parasidis & Aaron S. Kesselheim   The Food and Drug Administration (FDA) recently issued two Emergency Use Authorizations (EUAs) for Covid-19 vaccines, and may soon issue a third. Public health officials have begun vaccine administration via state-based priority access plans. Discussion of vaccine mandates is plentiful, including the potential for state-issued orders and private directives from employers and other non-governmental entities. What remains unclear is the legality of mandates for EUA vaccines. The issue of whether EUA vaccine mandates are permissible is particularly urgent given the woefully inadequate Covid-19 immunization roll-out. By December 31, 2020 fewer…