In a pivotal legal move, Texas Attorney General Ken Paxton filed a lawsuit in 2023 against Pfizer, accusing the pharmaceutical giant of deceptive marketing practices regarding its COVID-19 vaccine. The case alleges that Pfizer misrepresented the vaccine’s efficacy, duration of protection, and ability to prevent transmission, leading to widespread public harm. However, despite the serious nature of these claims, the case was unjustifiably dismissed by a federal court—a decision which raises troubling questions about the accountability of Big Pharma and the erosion of medical autonomy.

The lawsuit pointed to Pfizer’s misleading statements about the vaccine’s efficacy; it was touted to be 95% effective in preventing COVID-19. However, Paxton argues that in reality, the vaccine was only 0.85% effective in absolute terms, a staggering discrepancy that would have significantly altered the public’s understanding of the vaccine’s true benefits. The lawsuit also highlighted Pfizer’s deceptive marketing practices, which are alleged to include overstating the vaccine’s ability to prevent transmission and its long-term effectiveness, particularly against variants like Delta.

In addition to misleading the public about the vaccine’s efficacy, the lawsuit accuses Pfizer of intentionally suppressing critical information regarding the vaccine’s safety, including the risks of myocarditis and other adverse effects. The lawsuit further alleges that Pfizer intimidated and silenced individuals who voiced concerns about the vaccine’s safety profile, including prominent journalist Alex Berenson. Such actions not only undermined public trust but also raised questions about the company’s influence over media and social platforms to silence dissenting opinions.

However, despite these serious allegations, the case was ultimately dismissed by a federal court in December 2024. The court granted Pfizer immunity under the Public Readiness and Emergency Preparedness (PREP) Act, which provides legal protection to vaccine manufacturers during public health emergencies like the COVID-19 pandemic. The judge also cited the Food, Drug, and Cosmetic Act (FDCA) and ruled that Texas’ claims were preempted by these federal laws. This ruling effectively shields Pfizer from any legal consequences, regardless of the severity of their alleged misconduct.

In response to the dismissal, Attorney General Paxton filed a notice of appeal in January 2025, signaling his determination to continue the legal fight. Paxton is committed to holding Pfizer accountable for knowingly misrepresenting the effectiveness and safety of its COVID-19 vaccine. He asserts that Pfizer pressured Americans to take the vaccine without full knowledge of the risks, and when concerns were raised, the company sought to silence criticism, even going as far as working with social media platforms to label truthful posts as “misinformation.” Paxton’s ongoing legal efforts are driven by his belief that consumers deserve transparency and accountability from pharmaceutical companies.

The case against Pfizer has garnered significant support from other states, with 14 additional Attorneys General joining the lawsuit. This coalition of states highlights the broad concerns regarding the safety and transparency of COVID-19 vaccines, as well as the desire to hold Big Pharma accountable for deceptive practices. In a statement, React19, an advocacy group for the COVID-19 vaccine injured, expressed gratitude for the support of these 14 Attorneys General, thanking them for standing with the injured and demanding accountability from Health and Human Services Secretary Xavier Becerra. 

This dismissal—and the continued pursuit of an appeal—raises critical concerns about the accountability of pharmaceutical companies and the protection of medical autonomy. Texans for Vaccine Choice (TFVC) has long advocated for the right of individuals to make their own informed health decisions, free from coercion by the government or private corporations. The case against Pfizer—and its dismissal—demonstrates how entrenched legal protections for Big Pharma can undermine transparency and prevent justice for those who suffer harm as a result of unsafe products.

For years, TFVC has fought to ensure that Texans retain the right to make personal medical choices, especially when it comes to vaccines and medical mandates. The lawsuit against Pfizer serves as a reminder of the importance of transparency in vaccine development and marketing, and why it’s crucial to hold pharmaceutical companies accountable for their actions. When companies like Pfizer can operate with impunity, and when courts shield them from scrutiny, it erodes public trust in the very institutions that are supposed to protect our health and freedoms.

Moreover, this case highlights the dangers of government and corporate overreach in the realm of public health. Texans have the right to make informed choices about their own bodies—choices that should not be dictated by government mandates or the unchecked power of pharmaceutical giants. The PREP Act, which shields vaccine manufacturers from lawsuits during a public health emergency, may have been appropriate in some cases, but it should not provide blanket immunity for deceptive practices or safety failures that harm individuals.

As we move forward, it is more important than ever that Texans continue to stand firm in their belief in medical freedom. The legal fight against Pfizer may have been temporarily halted, but the battle for transparency, accountability, and personal medical liberty is far from over. Texans for Vaccine Choice will continue to lead the charge for the rights of individuals to make their own health decisions, and we will not stop until we ensure that Big Pharma, government agencies, and other powerful interests are held accountable for their actions.

With your support, we will continue to push for stronger protections for medical autonomy, fight against unnecessary mandates, and ensure that all Texans have the freedom to make their own informed choices about their health care. Together, we can work to restore transparency and accountability in our health system and safeguard the personal freedoms that make our state—and our country—great.

About Rebecca Hardy