Under an EUA [Emergency Use Authorization], Can Businesses Require Employees and Customers to Get Vaccinated?

As promising data emerges for COVID-19 vaccines in clinical trials, two manufacturers of these vaccines, Pfizer and Moderna, have submitted requests for Emergency Use Authorizations (EUA).

An EUA would allow vaccines to be used before full FDA approval, during the time that COVID-19 is an emergency.

The promise of a safe, effective vaccine offers a glimmer of hope not just for individuals around the world affected by the pandemic, but also for businesses large and small that have struggled with closures and public health-related changes to operations. A natural question that has emerged as private businesses contemplate a return to normalcy is whether they can mandate that employees and customers receive these vaccines authorized for emergency use.

In the past, members of FDA and CDC have said that the answer is no. However, the answer may not be so clear. This post looks at the relevant statutory provision to examine whether an EUA can accommodate mandates...

https://blog.petrieflom.law.harvard.edu/2020/11/30/covid-vaccine-eua-mandate-business/