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Issue: Labeling of foods that include vaccine materials

Examples of State Bill(s): The following bills were introduced in state houses during the 2023 legislative session.

  • TN HB32/SB88 – Prohibits the manufacture, sale, or delivery, holding, or offering for sale of any food that contains a vaccine or vaccine material unless the food labeling contains a conspicuous notification of the presence of the vaccine or vaccine material in the food.

What it means:  

  • These bills prohibit future vaccine delivery mechanisms that involve food or edible vaccines.

Background:

  • Scientists are constantly seeking to innovate around vaccine delivery technology to facilitate easy delivery. In the future, vaccines may come in a micro patch, nasal spray, or as an edible alternative to a traditional shot.
  • Since 1998, researchers have examined edible vaccines, which could come in the form of a host plant, such as tobacco or vegetable. [1]
  • Food technology could help deliver vaccinations to developing countries, where storage and delivery of vaccinations is a major challenge to access. 

Key Talking Points: 

  • Research of this kind is still in very early stages. No vaccine using this mechanism has yet been approved by the Food and Drug Administration (FDA). It is NOT currently available to anyone in the US or abroad.
  • This legislation is premature and restricts innovation. 
  • The FDA has sole authority to penalize violations of the drug approval process, including labeling violations.
  • Any attempt by a State to penalize a vaccine manufacturer for use of a federally approved label would conflict with the FDA’s role as the arbiter of drug labels. 
  • Vaccination requires informed consent regardless of the delivery mechanism. No one will receive a vaccine in any form without an understanding of what is and what it is for.

Bottom line: 

  • Vaccines not only protect oneself, but families, neighbors, and communities.  They are especially important for children, older adults, and those who are immunocompromised, and those who may not be able to get vaccinated.   
  • Vaccinations protect individuals from severe illness, hospitalization, and death.  They have helped Americans get back to work and to our daily lives.   
  • Vaccinations in food producing animals are vital to ensure humane treatment of animals in our care and protect our food supply.
  • It is critical that as Americans receive information on the benefits of vaccines so they can make informed decisions around vaccination.
  • Childhood vaccination programs over the past two decades have saved 1,000,000 lives and over 2 trillion dollars in societal costs. [2]

We urge legislators to vote no on any bills that seek to inhibit innovation.

[1] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7120417/#:~:text=Edible%20vaccines%20are%20subunit%20vaccines,to%20manufacture%20the%20encoded%20protein

[2] https://www.cdc.gov/vaccines/programs/vfc/protecting-children.html

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