The city of Philadelphia, Pennsylvania issued a Public Health Alert on August 25, 2021, with serious implications contained within it that went pretty much unnoticed. The health alert mandates Healthcare Workers and in Higher Education, Healthcare and Related Settings, get vaccinated with a COVID vaccine by October 15, 2021.
From the Alert:
The City of Philadelphia has issued an Emergency Regulation Governing the Control and Prevention of COVID-19 Mandating Vaccines for Healthcare Workers and In Higher Education, Healthcare, and Related Settings (“Vaccine Mandate Regulation”), which mandates vaccine for healthcare workers and in higher education, healthcare, and related settings. This mandate became Effective on August 16, 2021 and requires Healthcare Workers and certain workers at Healthcare Institutions to be fully vaccinated by October 15, 2021.
Fully vaccinated means it has been two weeks since the final dose of vaccine.
They define Healthcare Institution as “Any entity or individual that employs or otherwise coordinates the services of Healthcare Workers in the City.”
They define Healthcare Workers as “Any individual involved in providing any of the following healthcare related services in-person to patients or clients or any individual working in a Healthcare Institution must be fully vaccinated.” And then they give examples.
They worked it all out, mandating Philly healthcare workers to get the COVID vaccine. There’s just one fatal flaw in their mandate. There is no vaccine available that has been approved. “But wait!,” you say. “They said the Pfizer vaccine was approved.” They did, but according to the FDA’s own data, it wasn’t.
Here’s what really happened. The FDA did a very sloppy job announcing the approval of a COVID vaccine. They wanted you for whatever reason to think that the Pfizer vaccine that has been under Emergency Use Authorization was what was approved, but it wasn’t.
The FDA website even published a page that says:
On August 23, 2021, the FDA approved the first COVID-19 vaccine. The vaccine has been known as the Pfizer-BioNTech COVID-19 Vaccine, and will now be marketed as Comirnaty, for the prevention of COVID-19 disease in individuals 16 years of age and older. The vaccine also continues to be available under emergency use authorization (EUA), including for individuals 12 through 15 years of age and for the administration of a third dose in certain immunocompromised individuals.
That’s the most misleading thing I’ve ever read. Here’s the thing. There is a company called Pfizer. There is a company called BioNTech. There is an entity called Pfizer-BioNTech. All three are different things.
They want you to believe that the Pfizer-BioNTech COVID vaccine is the vaccine that was approved. It was not. Comirnaty is the vaccine that was approved. Comirnaty was created by Pfizer for BioNTech. BioNTech has already said that Comirnaty will NOT be available for use until 2023 or 2024.
The FDA used language to make it appear that Comirnaty is available: “will now be marketed as Comirnaty…” but it’s not going to be available. In fact, on the FDA’s own website they make a legal distinction between the two vaccines. More on that in a bit.
The really sleazy part of the messaging is the omission of information. The statement goes on to say, “The vaccine also continues to be available under emergency use authorization (EUA).” The information they left out is the reason why employers can get sued into oblivion if they follow Philadelphia’s mandate.
Federal law stipulates that as soon as a vaccine gets approved and is “available” the other vaccines lose their Emergency Use Authorization immediately. That’s not me saying it. It’s the law. And it makes sense. There is no need for an EUA vaccine if one has been approved and is available to the public.
But the FDA statement says Comirnaty has been approved and the Pfizer-BioNTech vaccine is still available under EUA. That’s not possible due to the law. The only way Comirnaty can be approved and Pfizer-BioNTech remains on the EUA list is if Comirnaty is not available.
So then how can the FDA state that Comirnaty has been approved and Pfizer-BioNTech is still under EUA? Because they are lying.
The city of Philadelphia does not tell you that in the Health Alert:
The FDA has a Fact Sheet for Comirnaty and Pfizer-BioNTech. That’s what the public receives from the healthcare worker who gives them the jab.
Among other things, the FDA Fact Sheet says the following:
COMIRNATY (COVID-19 Vaccine, mRNA) is an FDA-approved COVID-19
vaccine made by Pfizer for BioNTech.
• It is approved as a 2-dose series for prevention of COVID-19 in
individuals 16 years of age and older.
• It is also authorized under EUA to be administered to:
o prevent COVID-19 in individuals 12 through 15 years, and
o provide a third dose to individuals 12 years of age and older who
have been determined to have certain kinds of
The Pfizer-BioNTech COVID-19 Vaccine has received EUA from FDA to:
• prevent COVID-19 in individuals 12 years of age and older, and
• provide a third dose to individuals 12 years of age and older who have
been determined to have certain kinds of immunocompromise
The FDA again admits Comirnaty is approved and Pfizer-BioNTech is still EUA. That does jibe with federal law. You cannot have both things at the same time.
In the footnotes they make a legal distinction between the Pfizer-BioNTech and Comirnaty vaccines:
The licensed vaccine has the same formulation as the EUA-authorized vaccine and the products can be used interchangeably to provide the vaccination series without presenting any safety or effectiveness concerns. The products are legally distinct with certain differences that do not impact safety or effectiveness.
The Biden administration did this to make it appear that the Pfizer vaccine was approved and available (in under 5 years of testing no less) so that local governments and corporations would force employees to get vaccinated. If they do that, they are violating federal law.
They would be violating Title 21, Section 360bbb-3:
Here’s what Title 21 says:
Title 21, Section 360bbb-3 of the Federal Food, Drug, and Cosmetic Act (the “FD&C Act”) vests the Secretary of Health and Human Services with the permissive authority to grant Emergency Use Authorizations (“EUAs”) providing that appropriate conditions designed to ensure that individuals to whom the product is administered are informed: [emphasis added]
1. that the Secretary has authorized the emergency use of the product;
2. of the significant known and potential benefits and risks of such use, and of the extent to which such benefits and risks are unknown; and
3. 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. [emphasis added]
READ the Fact Sheet:
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Share this story with healthcare workers you know who work in Philadelphia. Share it with everyone you know, because a mandate is coming to your town sooner or later. Forcing someone to have medicine injected in them that they don’t want is a crime against The Nuremberg Code.
Rich is a conservative syndicated opinion writer and owner of Maga-Chat.com. He writes about politics, culture, liberty, and faith.
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