CA Experimental Product Lawsuit

  • Plaintiffs filed case: October 24, 2023 READ HERE
  • Defendants’ filed a Demurrer:  January 17, 2024 HERE and HERE
  • Plaintiffs’ deadline to file an opposition to the Demurrer:  April 1, 2024
  • Proposed hearing date, if the Court finds that a hearing is necessary:  TBD

On October 24, 2023 A Voice for Choice’s lawyers filed a lawsuit on behalf of four plaintiffs, including A Voice for Choice, claiming that the FDA Covid Emergency Use Authorized products, such as vaccines and other pharmaceutical products, did not comply with California’s Sherman FDC Law.  California Health and Safety Code § 111550 expressly states, in pertinent part, “No person shall sell, deliver, or give away any new drug or new device unless it satisfies either of the following: (a) It is one of the following:

(1) A new drug, and a new drug application has been approved for it and that approval has not been withdrawn, terminated, or suspended under Section 505 of the federal act (21 U.S.C. Sec. 355).

(2) A new biologic product for which a license has been issued as required by the federal Public Health Service Act (42 U.S.C. Sec. 262).

(3) A device that is reported under Section 510(k) of the federal act (21 U.S.C. Sec. 360(k)), or is a device exempted pursuant to subsection (l) or (m) of Section 360 of Title 21 of the united States Code, or it is a new device for which a premarket approval application has been approved, and that approval has not been withdrawn, terminated, or suspended under Section 515 of the federal act (21 U.S.C. Sec. 360e).

(b) The department has approved a new drug or device application for that new drug or new device and that approval has not been withdrawn, terminated, or suspended.”  This was not complied with prior to EUA products being sold or distributed in California.

This lawsuit is the first of its kind to question whether EUA products were legally sold and distributed in California.

A Voice for Choice is the only organization that has brought such a case forward.  AVFC’s legal team on this case, led by Brad Hakala, is well versed in Constitutional law and pharmaceutical products. 

While AVFCA’s legal team generously charges us a discounted hourly rate, this lawsuit will require hundreds of hours of their time and will likely cost hundreds of thousands of dollars.  AVFCA has taken on paying for this lawsuit because of our passion for Health Rights and Medical Freedom, as well as our desire to ensure Religious Rights when it comes to vaccine mandates.  Having said that, our funding comes from our generous donors and supporters – YOU!  So as AVFCA gives you this gift of a lawsuit and our expertise, with the goal of bringing Religious Exemptions to School Vaccine Mandates, we ask you to dig deeply and donate all you can to support AVFCA’s lawsuits.  Thank you in advance for your dedication and support!