Source reporting: Texas Scorecard
Texas Attorney General Ken Paxton is asking the U.S. Court of Appeals for the Fifth Circuit to revive the state’s lawsuit accusing Pfizer of misleading consumers about its COVID-19 vaccine. Texas Scorecard reported that a three-judge panel heard arguments September 1 concerning both the federal court’s jurisdiction and Pfizer’s claim of immunity under the Public Readiness and Emergency Preparedness Act.
Paxton filed the case in a Lubbock state district court in November 2023. The state alleges that Pfizer violated the Texas Deceptive Trade Practices Act by misrepresenting the vaccine’s efficacy and relying on relative-risk figures that the state considers misleading. Those assertions remain allegations; the appellate hearing did not resolve their merits.
Pfizer moved the case into federal court, arguing that it acted under a federal government contract and direction. Senior U.S. District Judge Sam Cummings dismissed the case in December 2024 after finding that the PREP Act protected the company from the state’s claims.
On appeal, Paxton’s office argued that the immunity provision applies to claims seeking compensation for a loss, while Texas seeks civil penalties and an injunction intended to deter alleged deceptive conduct. Pfizer countered that the state’s case still concerns alleged health risks and therefore falls within the statute’s immunity framework, according to Texas Scorecard.
The panel, composed of Judges Edith Jones, Leslie Southwick and Don Willett, also questioned whether the case properly belonged in federal court. Although both parties supported federal jurisdiction, an appellate court must independently determine whether jurisdiction exists. If the judges find removal improper, the case could return to state court and the federal dismissal would no longer control.
The appeal is significant for Texas consumers and public enforcement authority. A ruling could clarify when emergency-health immunity protects a federal contractor from a state deceptive-practices action and whether Texas may pursue penalties without alleging compensable injuries. It could also determine which court system will hear the underlying dispute. For now, no appellate decision has been issued, and Paxton’s allegations against Pfizer have not been proven.