Follow-Up: Now that the Pfizer COVID-19 Vaccine has been granted full FDA approval universities have already responded with vaccine mandates.

By: Briscoe Robinette

On Monday, August 23rd, 2021, the Food and Drug Administration (“FDA”) granted full approval to the Pfizer-BioNTech coronavirus vaccine. Full approval means the vaccine has passed through the same intense testing and review as other established vaccines instead of the shortened process utilized for the vaccine’s initial emergency approval. Some experts have hailed the full approval as “an important confidence-builder” for those hesitant about receiving the vaccine, while others argue that the full approval won’t lead to as large an increase in vaccination rates as some hope. However, many experts do agree that the approval has the potential to spark a large number of vaccine mandates by both employers and universities, especially considering the spike in cases caused by the delta variant. 

Therefore, the most significant increase in vaccinations may be the result of employers and other institutions requiring the vaccine, as opposed to individuals getting jabbed because full approval reassures them of the vaccine’s safety. We published a blog post earlier in the summer about whether universities have the authority to mandate vaccines. That post discussed the need for full approval before schools stood on a firm legal foundation. This post follows up on that one now that full approval for the Pfizer vaccine exists.

The Ohio State University issued a statement mandating vaccines campus-wide on the same day as the FDA announcement. Read the president’s message to the university community here. https://news.osu.edu/ohio-state-announces-vaccination-requirement/

Following the announcement of the vaccine’s full approval, a multitude of institutions announced vaccine mandates, including school systems, private companies, and state and federal institutions. President Joe Biden had already mandated vaccines for federal workers, otherwise requiring them to be tested weekly. As a result of the approval, the Pentagon is now in the process of requiring active-duty U.S. troops to receive the vaccine. In the private sector, both CVS and Disney World are requiring workers to get vaccinated. Higher education institutions also began quickly instituting vaccine mandates after the approval was granted. More institutions of higher learning mandating the vaccine other than Ohio State University include The State University of New York system, the University of Minnesota system, and the University of Louisiana system, and more.

The FDA’s decision to approve the Pfizer-BioNTech vaccine has resulted in a large number of institutions, in many different sectors, to put in place vaccine mandates. With this increasing number of vaccine requirements, along with the Moderna vaccine’s full approval likely coming in a few months, it seems these mandates will be becoming more common and legally defensible.