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Merck and the FDA caught lying - but court said it doesn't matter

Merck lied about the efficacy of its mumps vaccine (in the MMR). The government knew but didn’t mind.
Worse than that, it produced vaccines with ‘overfilled’ (=overdose) virus to hide the problem of waning efficacy. These (therefore, untested) vaccines have been freely given out to the public.

But that’s still okay apparently - and the vaccine is still being endorsed by the authorities.

Merck also developed a fake test to help them get away with the con.

The court lets the government and vaccine mal-ufacturer get away with the blame-each other game. In fact they don’t even need to do that. The CHD link explains:

“The Noerr-Pennington doctrine grants limited exemption from antitrust liability. The doctrine states that if a party petitions the government for redress and is granted it, the party isn’t violating the Sherman Antitrust Act — even if the outcome protects the party’s monopoly.”

If only people weren’t so mistrustful of vaccine industry (and the government [and the courts])…

ED

11/10/24 Court Confirms Merck Lied on Mumps Vaccine Label — But Lets Drugmaker Off the Hook in Antitrust Lawsuit

Citing the Noerr-Pennington doctrine, a U.S. appeals court on Monday ruled that because the FDA took no action against Merck after discovering the false labeling claims, it was the FDA’s decision — not Merck’s fraud — that injured competitor GSK and the physicians and physicians groups who bought the ineffective vaccine at inflated prices.

by Brenda Baletti, Ph.D.

An appeals court this week ruled that even though Merck misrepresented critical data to the U.S. Food and Drug Administration (FDA) to gain approval for its updated mumps vaccine — and even though the FDA knew about the false claims — because the agency approved the vaccine anyway, Merck can’t be held responsible for unfairly hurting competitors.

The ruling stems from a class action lawsuit brought by a group of physicians and physicians groups who alleged Merck violated the Sherman Antitrust Act by making false claims about the efficacy of its mump vaccine on the product’s label in order to stifle competition and maintain a monopoly in the marketplace.

The Sherman Antitrust Act prohibits companies from conspiring to create a monopoly.

The U.S. 3rd Circuit Court of Appeals didn’t dispute the plaintiffs’ allegations that Merck lied to the FDA about the vaccine’s efficacy.

However, citing the Noerr-Pennington doctrine, the court ruled that because the FDA took no action against Merck after discovering the false claims, it was the FDA’s decision — not Merck’s fraud — that injured competitor GSK and the physicians and physicians groups who bought the ineffective vaccine at inflated prices.

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