U.S. Health Secretary Robert F. Kennedy Jr. is facing backlash from some in the medical freedom movement after he announced last week that he signed a “targeted PREP Act” declaration to develop and deploy medical countermeasures for hantavirus.
In a post on X, Kennedy said the declaration “helps remove barriers to research and response efforts” for the recent outbreak that has garnered significant media attention during recent weeks.
“HHS is taking this situation seriously and will continue working to protect public health and support the safe development of potential treatments and countermeasures,” he said.
Critics accused Kennedy of contradicting his previous strong stance against the use of the Public Readiness and Emergency Preparedness Act, or PREP Act, during the COVID-19 pandemic, and betraying the values of the medical freedom movement.
Defenders argued that the declaration is narrow in scope and timing — it covers only one generic drug, favipiravir, and lasts only until July 18, 2026.
The PREP Act authorizes the health secretary to issue a declaration that exempts manufacturers and distributors of a vaccine or treatment that addresses a public health emergency from legal liability for injuries caused by those products.
The PREP Act became extremely controversial during the COVID-19 pandemic, because it granted blanket liability protection to COVID-19 vaccine manufacturers — including Moderna, Pfizer and Novavax — for nearly every type of injury caused by the vaccines.
As a result, vaccine-injured people have struggled to be recognized, cared for and compensated for their injuries. Vaccine-injured people and the groups representing them have challenged the act’s constitutionality in multiple lawsuits, but have failed to get it overturned.
The Biden administration extended the COVID-19 countermeasures PREP Act declaration through the end of 2029, even though the administration declared the pandemic over.
Kennedy has not rescinded that declaration, despite calls for him to do so.
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