HHS Secretary Xavier Becerra has declared bird flu (H5N1) as an emergency under the Federal Food, Drug, and Cosmetic Act Section 564(b)(1)(c). The release states that they are amending the act and have determinedthat there is a significant potential for a public health emergency that has a significant potential to affect national security or the health and security of United States citizens living abroad and that involves biological agents, namely pandemic influenza A viruses and influenza A viruses with pandemic potential.”

The subheading for Section 564(b)(1)(c) is “Risk-Benefit Analysis.” It allows for the consideration of emergency use authorization (EUA) for certain products if the commissionerdetermines that the known and potential benefits of the product, when used to diagnose, prevent, or treat the identified disease or condition, outweigh the known and potential risks of the product.The FDA wouldlook at the totality of the scientific evidence to make an overall risk-benefit determination.”

EUA is the method by which the mRNA COVID-19 vaccinations were approved for clinical trials and eventually unleashed to the public after the completion ofOperation Warp Speed.The PREP Act provided immunity to the manufacturers for any harm caused by the product because releasing an immunization quickly is seen as a greater benefit to the public that outweighs potential harm caused by the vaccine.

The PREP Act was not mentioned in the latest declaration by Secretary Becerra, but it would follow in the case of an EUA product that the FDA and Becerra determined was a net benefit for the public. The CDC still considers the risk of H5N1 infection in humans to be low, although the virus is considered to have pandemic potential. Moderna has received $176 million from HHS and BARDA to develop an mRNA vaccine for the Avian flu and expects results later this year. The government has an order of 4.8 million doses of Avian flu vaccines to stockpile in preparation of a potential pandemic.

What started as a bird flu has begun spreading to livestock on farms in several states nationwide. There have been seven cases of humans getting infected with the virus, but the most common symptom is conjunctivitis, most commonly referred to as pink eye. Some statements have suggested that an H5N1 virus would have a fatality rate of up to 50%. That is not the case with the cases that have existed so far, which have been confined to large farming operations with poultry and livestock. There is no evidence that the virus is transmitted between humans. Dr. Robert Redfield, the former director of the CDC, has said that the virus has serious pandemic potential, but it would have to be a laboratory-derived virus.

Aaron Siri, lead attorney for the Informed Consent Action Network (ICAN), is still leading a legal charge against provisions of the PREP Act that may cause the act to be reversed completely. The lawsuit alleges insufficient support for those injured by the medical countermeasures for COVID-19, specifically the mRNA injections that were distributed via Emergency Use Authorization by Pfizer and Moderna. The PREP Act provides vaccine manufacturers with the same immunity from lawsuits that they receive for all other vaccines under the vaccine injury compensation program (VICP). Siri has argued that the program is not working effectively because there is a large backlog of cases and very few payouts for patients who have been harmed by the rollout of the COVID-19 vaccines.

The HighWire has reported extensively about the H5N1 virus that has been spreading via livestock and the concerns about how it may affect the food supply throughout the United States. The USDA took unprecedented steps to control the virus by claimingpermanent authoritytomanage and eradicate,while also training a segment of employees in FEMA protocols. Nourish Cooperative in Michigan was forced to dispose of $90,000 worth of raw dairy products in response to speculation that the virus is spread to humans via raw milk consumption.

Public health officials have admitted to being unprepared for the COVID-19 pandemic; they are diligently testing and activating procedures that would allow for the stockpiling of vaccines and quick distribution. Some people, including representatives in Colorado, have said that not enough is being done to prevent this from becoming another pandemic. Others are concerned that this will create another profitable campaign for pharmaceutical companies at the expense of the public’s health.

Yadira Caraveo, a Colorado congresswoman, authored a letter to Secretary Becerra to ask the agency to do more in response to the potential virus threat. Caraveo expressed concerns about no vaccines being available to farm workers at a higher risk of contracting the virus. She also mentions the extreme summer heat as a factor that makes it unsafe to wear N95 masks and other personal protection equipment that are perceived to reduce the transmission of the virus.

Since 2022, Colorado has had nine individuals get infected out of the 14 cases positive for H5N1 in the United States. Governor Jared Polis declared a disaster declaration in Weld County for the large poultry farm responsible for the majority of the cases that have tested positive.

 

Steven Middendorp

Steven Middendorp is an investigative journalist, musician, and teacher. He has been a freelance writer and journalist for over 20 years. More recently, he has focused on issues dealing with corruption and negligence in the judicial system. He is a homesteading hobby farmer who encourages people to grow their own food, eat locally, and care for the land that provides sustenance to the community.

Other Headlines

Coronavirus

American Board of Internal Medicine Revokes Certifications of Drs. Marik and Kory Over COVID-19 Treatment Claims

The American Board of Internal Medicine (ABIM) revoked the certifications of Dr. Pierre Kory and Dr. Paul Marik for allegedly spreading misinformation. ABIM said that Kory and Marik’s “statements about the safety and efficacy of ivermectin and hydroxychloroquine” as treatments for COVID-19“ are false and inaccurate because they are unsupported by factual, scientifically grounded, andContinue reading American Board of Internal Medicine Revokes Certifications of Drs. Marik and Kory Over COVID-19 Treatment Claims

More news about Coronavirus

Health & Nutrition

Time Magazine Changes Headline About Ultra-Processed Foods After Online Backlash

Time Magazine received criticism and backlash for publishing an article originally titled, “What if Ultra-Processed Foods Aren’t as Bad as You Think?” The outlet has since changed the title to “Why One Dietitian is Speaking Up for Ultra-Processed Foods.” This comes after a Tucker Carlson segment about health issues in the United States has goneContinue reading Time Magazine Changes Headline About Ultra-Processed Foods After Online Backlash

More news about Health & Nutrition

Vaccines

FDA Renews Emergency Use Authorization for Updated COVID-19 Vaccines

The FDA has approved new formulations of the COVID-19 vaccines under Emergency Use Authorization (EUA). The fact sheet released by the FDA states, “An EUA is supported by a Secretary of Health and Human Services (HHS) declaration that circumstances exist to justify the emergency use of drugs and biological products during the COVID-19 pandemic. AContinue reading FDA Renews Emergency Use Authorization for Updated COVID-19 Vaccines

More news about Vaccines

Science & Tech

USDA Reopens Comment Period for Deregulation of Gene-Edited Plants

The deregulation of gene-edited plants is on the USDA agenda, and the public comment period has been extended by 21 days. The comment page has yet to be posted on the Federal Register. CRISPR is a new technology that is being used in agriculture to modify plants. “New Gene Technologies” or NGTs are how big agricultural companies like Bayer areContinue reading USDA Reopens Comment Period for Deregulation of Gene-Edited Plants

More news about Science & Tech

Environment

EPA Bans Herbicide Dacthal (DCPA) Over Fetal Health Risks

The EPA has banned Dacthal (DCPA), an herbicide commonly used on vegetables, following an assessment last year that showed severe risks for unborn babies. This is the first time the EPA has initiated an emergency order of this kind in 40 years. Michael Freehoff from the EPA Office of Chemical Safety and Pollution Prevention said,Continue reading EPA Bans Herbicide Dacthal (DCPA) Over Fetal Health Risks

More news about Environment

Policy

NTP Report Links Fluoride to Lower IQ in Children Amidst Ongoing EPA Lawsuit

A new report has found that water fluoridation levels at the World Health Organization’s (WHO) recommended levels are linked to lower IQ in children. The report was conducted by the National Toxicology Program (NTP), a division of the Department of Health and Human Services (HHS). The federal agency reviewed and analyzed previous studies before concludingContinue reading NTP Report Links Fluoride to Lower IQ in Children Amidst Ongoing EPA Lawsuit

More news about Policy