A coalition of 15 states is filing a lawsuit against Robert F. Kennedy Jr. and the Centers for Disease Control and Prevention (CDC), challenging their overhaul of the vaccine schedule for children in the U.S.
The lawsuit charges RFK Jr. and the CDC with the “unlawful” gutting of the Advisory Committee on Immunization Practices (ACIP), which advises on vaccine policy in the U.S. It also claims that there was no scientific evidence backing the CDC’s decision to remove seven childhood vaccines from its universal recommendation list.
The lawsuit requests a judge in San Francisco court to overturn the CDC's adjusted vaccine schedule, which was enacted two months ago.
The new schedule removes recommendations for flu and COVID vaccines for children. Also chopped were shots for rotavirus, meningitis, hepatitis A and hepatitis B. These shots can still be administered but only after consultation with a healthcare specialist. Additionally, immunization against respiratory syncytial virus (RSV)—the top cause for infant hospitalizations in the U.S., according to the CDC—is now limited to those at high risk and children whose mothers have not been vaccinated.
“Trump and RFK Jr. are risking children’s lives. RFK Jr. is not a doctor. He is not a scientist. His friends are not any more knowledgeable or qualified. MAHA memes are not a reliable or safe source of medical information,” Connecticut Attorney General William Tong wrote in a statement. “We are suing today to protect lives, and to make sure that our nation’s powerful public health guidance follows the law and reflects the facts.”
“Protecting children is a priority for our office,” New Jersey acting Attorney General Jennifer Davenport said in a release. “Compare that to the Trump Administration and Secretary Kennedy, whose reckless approach to public health policy gambles with children’s lives and puts our communities in danger. RFK, Jr., replaced established experts with an unqualified vaccine panel and issued a rogue vaccine schedule that gambles with children’s health and lives. This radical and unlawful overhaul of the nation’s childhood vaccine schedule rests on fringe theories and ignores decades of science.”
In addition to RFK Jr. and the CDC, defendants identified in the complaint are the Department of Health and Human Services and CDC acting Director Jay Bhattacharya, M.D.
All the states involved in the complaint are governed by Democrats. Leading the lawsuit are California Attorney General Rob Bonta and Arizona Attorney General Kris Mayes. Attorneys general from Colorado, Delaware, Maine, Maryland, Michigan, Minnesota, New Mexico, Oregon, Rhode Island and Wisconsin along with Pennsylvania Gov. Josh Shapiro have signed on.
The CDC schedule adjustments run counter to scientific evidence that backed the approvals and CDC recommendations of the vaccines, which were vetted through the ACIP.
When the CDC made the changes, then-acting Director Jim O’Neill said in a release that they were guided through a “comprehensive scientific assessment” of the U.S. immunization schedule compared to other developed nations. The U.S. previously recommended more childhood vaccines than any peer nation, according to the HHS, which pointed out that Denmark advises immunization against just 10 diseases.
Earlier this month, a group of public health organizations filed an amicus brief in federal court in Massachusetts warning that recent federal actions weakening routine childhood vaccination recommendations pose an urgent threat both for children and the public’s health.
Tuesday, Anahita Dua, M.D., who is the founder and chair of the Healthcare for Action PAC, said in an emailed statement that “changes have to be rooted in solid science, credible research and a clear benefit to the public.”
“When decisions about public health aren’t carefully thought through, the consequences can be serious,” Dua added. “This lawsuit shows states stepping up to push back against actions by Robert F. Kennedy Jr. and the administration that they believe aren’t backed by science. Changing health policy without clear evidence puts real people at risk. Public health decisions should be driven by facts and research, not politics.”