The memorandum alleges Department of Defense (DoD) has unlawfully administered Emergency Use Authorized (EUA) products (i.e., products authorized but not approved by the Food and Drug Administration (FDA)) as if they were fully licensed FDA approved products. Military members have not been allowed to exercise their legal right to refuse EUA products, despite the Department of Justice’s (DOJ) assertion that “Comirnaty-labeled” vaccines only became available for the DoD to order on 20 May 2022. Evidence also exists that the new “Comirnaty-labeled” products are not FDA approved in accordance with applicable laws.
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