The FDA would have to use the normal process for approving the vaccines, and based on the corners cut to get the vaccines to market, that looks unlikely.
Furthermore, removal of the emergency authorizations would then expose the manufacturers to lawsuits.
I agree with the guy in the last paragraph below.
Expect indefinite emergency use authorization, at least until Republicans take over the federal government in 2025.
The FDA’s ability to issue emergency authorizations for vaccines, drugs and medical devices would not necessarily end when the Covid public health emergency is lifted. These authorizations rely on a separate determination made by the U.S. health secretary under the law that governs the FDA.
But it could become increasingly difficult for HHS and FDA to justify
clearing vaccines and treatments through an expedited process that
shortcuts the normal system of approval when the emergency declaration
is no longer in place.
Trump administration Health Secretary Alex Azar activated the FDA’s emergency authorization powers in March 2020, about two months after first declaring the public health emergency.
“It could affect emergency use authorization, where you couldn’t give these EUAs and so the FDA would have to fully approve the drug,” Gostin said. “It could have enormous knock-on effects that need to be very carefully thought through,” he said of ending the public health emergency.
But James Hodge, an expert on public health law at Arizona State University, said the PREP Act declaration that supports Covid vaccinations at pharmacies and the FDA’s power to grant emergency use authorizations will probably remain in place for years to come.
More.
