The On-going Struggle for Choice in Vaccination

By Paul G. King, PhD

“Never, never, never give up”

“Success is not final, failure is not fatal: it is the courage to continue that counts”
— Sir Winston Churchill

Introduction
In 2005, an article in the American Journal of Public Health 1 by Wendy K. Mariner, JD, LLM,
MPH, George J. Annas, JD, MPH, and Leonard H. Glantz, JD with the Department of Health Law,
Bioethics and Human Rights, School of Public Health, School of Law, and School of Medicine,
Boston University, Boston, Mass., comprehensively reviewed the progression of the Court’s view
of forced public health mandates from 1905 through the end of 2004.

Their paper ended by observing:

“One practical reason for protecting constitutional rights is that it encourages social solidarity. People
are more likely to trust officials who protect their personal liberty. Without trust, public officials will
not be able to persuade the public to take even the most reasonable precautions during an emergency,
which will make a bad situation even worse. The public will support reasonable public health
interventions if they trust public health officials to make sensible recommendations that are based on
science and where the public is treated as part of the solution instead of the problem. Public health
programs that are based on force are a relic of the 19th century; 21st-century public health depends on
good science, good communication, and trust in public health officials to tell the truth. In each of these
spheres, constitutional rights are the ally rather than the enemy of public health. Preserving the public’s
health in the 21st century requires preserving respect for personal liberty”. [Emphasis supplied.]

Today’s Realities
Today we, the People, face clearly unconstitutional federal and state laws crafted after “9/11” using
“bioterrorism” as their pretext and enacted:
 Under the color of law,
 At the behest of the pharmaceutical industry and the other facets of the healthcare
establishment,
 Without truly open public debate and/or public acceptance, and
 In the case of the federal “PREP Act”, attached to an unrelated defense appropriation bill,
finally titled, “Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006”, by conference committee members who, as
with the previous “Lily” riders that were inserted in a previous defense appropriation in
the dark of night and subsequently repealed, were obviously serving interests other than
those of the people.

The federal laws enacted in 2004 (“Biodefense I”) and late 2005 (“PREP Act”) not only
unconstitutionally strip the people of the right to sue for redress if injured but also delegate to a non-

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elected, political appointee (the Secretary of Health and Human Services [the Secretary of HHS or,
simply, the Secretary]) the unilateral right, stated to be not subject to judicial review, to suspend the
normal federal safeguards for drug approvals and to protect all those involved in any aspect of any
item he or she declares is related to a possible pandemic from being held accountable for their
actions unless: a) the Secretary grants the persons alleging harm the right to seek redress and b) the
persons alleging harm have proof that the person or persons being sued acted with the explicit intent
to harm said person or persons or were grossly negligent in their actions.

In the area of vaccination, the state laws generally void all but “recognized medical exemptions” for
any mandated vaccination program and allow public health officials to mandate vaccination
programs and/or quarantine at sites designated by the public health officials whenever the state’s
governor declares a “health emergency” – whether or not there really is a health emergency.

Thus, since 2006, the people’s constitutionally guaranteed rights, including their right to seek
redress for harm done to them or their children or wards in any court and the constitutionally
recognized right to due process of law and bodily integrity, have been and/or are being summarily
trampled under and a de facto Pharma-Healthcare control state has been and/or is being erected in
the United States of America.

Following the PREP Act, first came the 2006 “possible bird-flu pandemic” that not only failed to
meet the then-current World Health Organization’s definition of a “pandemic” but also failed to
cause more than about 300 hundred human cases – all outside of the United States.

Nonetheless, on April 17, 2007, our FDA approved a “bird flu” vaccine 2.

Even after two doses of this Thimerosal-preserved vaccine – with each dose delivering nominally
49 micrograms of Thimerosal-derived mercury or a total of about 98 micrograms of mercury within
one month 3, this sanofi-pasteur A-H5N1 “bird flu” vaccine only provided “45 percent of individuals who
received the 90 microgram, two-dose regimen” with a level of antibodies “that is expected” [not guaranteed]
“to reduce the risk of getting influenza” [not guaranteed to prevent even that “45 percent” from contracting
influenza].

Worse, as the FDA admitted, there were “no reported human cases of H5N1 infection in the United States”.

Nonetheless, without the manufacturer’s submitting the toxicity testing required to prove that the
Thimerosal used as the preservative was “sufficiently nontoxic …” (as required by 21 CFR §
610.15(a)), the FDA, ignoring the FDA-binding requirements set forth in 21 CFR § 601.4(a),
approved this less-than-effective vaccine for a non-existent disease [the “2004” “A/Vietnam/1203/2004
(H5N1, clade 1)” 4].

Next, in 2008, public health officials “identified” another “possible influenza pandemic” situation
and the then Acting Secretary of HHS began issuing Emergency Declarations for antiviral drugs
and other items to protect everyone from all liability under the “possible pandemic” rubric built into
the PREP Act.

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Moreover, to convert the reported “Swine Flu” outbreaks into a “pandemic” situation, in 2009, the
World Health Organization:
• Changed its definition of “pandemic” 5 to omit two key requirements, “a high morbidity”
and “a high mortality rate” so that, after the change, all that was needed for there to be a
“pandemic” was that: a) there must purportedly be a disease new to a population – or at
least a disease that had not surfaced for a long time, b) this disease must be caused by
disease-causing agents that infect humans, causing serious illness, and c) the agents must
spread easily and sustainably among humans, and
• On June 11, 2009, using its new definition, declared that the current A-H1N1 (“Swine
Flu”) influenza outbreaks to be an “influenza pandemic”5.

On June 15, 2009 6, Secretary of Health and Human Services Kathleen Sebelius extended the PREP
Act “pandemic” declaration to include vaccines for a specific 2009-A-H1N1 influenza strain.

Then, on September 15, 2009 7, acting under the Secretary’s “Emergency Declaration” for A-H1N1
influenza (“Swine Flu”) vaccines, the U.S. Food and Drug Administration (FDA), using its
questionable “Emergency Use Authorization” authority, approved four (4) A-H1N1 vaccines (one
Thimerosal-free live-virus “mist” vaccine and 3 inactivated-virus vaccines 8.

In addition, on Friday, October 23, 2009, “BARACK OBAMA, President of the United States of America”
proclaimed 9 “the 2009 H1N1 influenza pandemic in the United States constitutes a national emergency”, which,
according to said proclamation, allows the Secretary of HHS to “exercise the authority under section 1135
of the SSA to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children's Health
Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration
of the public health emergency declared in response to the 2009 H1N1 influenza pandemic”.

Next, on November 12, 2009 (subsequently corrected to November 16, 2009 10), the FDA approved
another Thimerosal-preserved A-H1N1 vaccine formulation.

Thus, we, the People, now face:

 An obviously artificial “flu pandemic”, and
 The Secretary’s dubious “Emergency Declaration” for said ersatz “flu pandemic” covering
“Swine Flu” influenza vaccines as well as approvals of incompletely tested influenza vaccines
that provide marginal protection (protecting less than half of those who will be vaccinated
from only “one” 11, “novel” 2009-A-H1N1 strain of influenza 12) under the FDA’s questionable
“Emergency Use Authority” made possible by the Secretary’s issuance of the aforesaid, at
best, problematic “Emergency Declaration”.

To add insult to injury, the information about these “Swine Flu” vaccines provided to the people (as
well as to “healthcare professionals”) is both:
 Less-than-accurate and, at best, misleading and
 Based on a misrepresented history derived from “related” vaccines that contain three strains of
purportedly non-novel influenzas (a type B strain and 2 type A strains).
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Then, without: a) regard to their possibly different adverse effects and adverse effects arising from
the interaction between the seasonal influenza and the “Swine Flu” influenza or b) consideration for
the probable doubling of the mercury exposure in most who will, of necessity, be vaccinated with
the multi-dose inactivated-influenza vaccines, the U.S. Centers for Disease Control and Prevention
(CDC) recommended that pregnant women and young children be vaccinated with both the trivalent
seasonal and “Swine Flu” vaccines.

Moreover, the CDC made these recommendations without: a) warning that the effects on the fetus
and the reproductive capability as well as the mutagenicity and carcinogenicity of these vaccines are
not known or b) even suggesting that, where possible, only the mercury-free vaccines should be
given to pregnant women and young children 13.

Furthermore, based on the reports received and those published in the national media,
 Most all of the cases of “Swine Flu” are not even influenza and the small percentage that are
actually “influenza” cases are mostly not infections by the 2009 A-H1N1 strain of influenza;
 Public health officials are still trying to “scare” and/or otherwise pressure the public into
taking both the seasonal flu and the “Swine Flu” vaccines;
 Most of the public is electing to avoid the “Swine Flu” vaccine;
 Most of the healthcare providers are electing to avoid either the “Swine Flu” vaccine or both
types of influenza vaccines; and
 The providers of the inoculations for all of these vaccines are not only giving the potential
recipients less-than-truthful information about the vaccines but also, in several instances, both
pregnant women and young children received the wrong vaccine and some children got the
wrong dose of vaccine.

If the preceding realities have not undermined the people’s trust in public health officials, public
health officials have seized upon this fabricated “Swine-Flu Pandemic” to push their stalled agenda
to mandate annual influenza vaccination throughout America even though they know, or should
know, that influenza vaccines are not effective in preventing those who are inoculated with them
from contracting influenza.

Opposition to Forced Vaccination/The Struggle for Personal Choice

Arrayed against today’s forced-vaccination mandates stands a small, but growing, group of
hundreds of clergy, doctors, lawyers, nurses, researchers, scientists, teachers, and other
professionals who are affected by various vaccine issues.

Behind this growing group stand hundreds of thousands of citizens who, at a minimum, have a
possibly vaccine-damaged child, grandchild, niece, nephew, brother, sister, first, second, third or
fourth cousin, or other family member, or friend or acquaintance who has one or more of these who
have a possible vaccine-related injury in their family.

Moreover, the public officials and others behind the influenza vaccination mandates, such as those
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in New Jersey and US Air Force childcare centers, have consciously chosen to use their “control” of
the governmental health agencies and the mainstream media to ridicule any who oppose their near-
religious, but scientifically unsupported, belief in the sanctity of vaccines and mandated vaccination
programs.

In addition, these vaccination-mandating individuals seem to knowingly ignore the fundamental

shortcomings in the flu vaccines as well as in most of the other vaccines and vaccination programs.

These flaws include, but are not limited to:

 The need for multiple vaccine doses to provide “full protection” from the “disease” or the
“disease component”,
 The limited duration of the protection provided by the recommended initial vaccination
protocols,
 The lack of any protection for some percentage of those vaccinated,
 The lack of proven effectiveness/safety in protecting those vaccinated from the disease,
 The need for “booster” doses, and
 The serious collateral damage to the immune, neurological and other systems of some who
are inoculated with vaccines from the non-disease components in the vaccine (e.g.,
Thimerosal, polymeric hydroxyaluminum compounds, gelatin, egg protein, extraneous
DNA, adventitious viruses, cell debris, and formaldehyde – to name a few).

Worse, they have conveniently “forgotten” the established Public Health principle that no vaccine
should even be recommended for a mass vaccination program unless, including the worst-case long-
term costs from the adverse events that that vaccine may cause, the vaccination program is truly
cost effective.

Moreover, these vaccination apologists have “forgotten” that those who oppose forced vaccination
range from:
 Those who simply oppose such mandates on constitutional grounds to:
 Those who oppose mass inoculation for vaccines for diseases, like influenza and herpes
Varicella zoster, where, based on even the available adverse reactions and their costs, the
vaccines’ cost and the true in-use effectiveness data, the vaccines are not effective, much
less cost effective, to:
 Those who are simply opposed to forcing anyone to get any vaccine under any
circumstance either because:
♦ Vaccination violates their deeply held religious/philosophical beliefs or
♦ Based on their research and study,
o Vaccines cause more long-term chronic disease, harm and death than the few
childhood diseases for which we have a vaccine that is truly cost-effective to
use for mass vaccination, and/or

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o Exposure to these childhood diseases is safer than inoculation with a vaccine

for a childhood disease because:
• In a truly healthy environment where: a) there is no smallpox; b)
measles and rubella are rare; c) there have been no confirmed
diphtheria cases or paralytic polio cases in the last half decade;
and d) tetanus occurs mostly in the elderly, the risk of harm from
the disease is vanishingly small and/or,
• Once you have had: a) a mumps infection on both sides of your
neck, or b) a pertussis infection promptly treated with the appro-
priate antibiotics, or c) a promptly treated rotavirus infection, or
d) an untreated acute Hepatitis A or B, or an untreated HPV
infection from which you recover, you have near-lifetime
immunity, and/or
• For many reasons, vaccines provide, at best, only limited
protection from contracting a “vaccine preventable” disease if
subsequently exposed to it, and/or,
• Vaccines weaken rather than strengthen the capability of the
immune systems of those who are inoculated with said vaccines
to differentiate between self and not self – significantly
contributing to the observed increases in a variety of immune and
autoimmune diseases that, before 1950 where very rare (< 1 in
10,000) but are increasingly common (e.g., asthma occurring at a
rate of about 1 in 9 in today’s vaccinated children), and/or
o In today’s environment in America, healthy kids should contract the
remaining endemic childhood diseases to which those born in America before
1950 were most certainly exposed, and/or to:
 Those who hold some combination of the preceding views or other vaccination-questioning
views.

Finally, all need to understand that, today, with each attempt to compel some group to be inoculated
with some vaccine(s), particularly with flu vaccines that have dubious effectiveness and unproven
safety at best, the number of people who oppose forced vaccination grows along with the public’s:
 Loss of trust in vaccination and
 Determination to:
♦ Actively oppose forced vaccination and, increasingly, most vaccination programs
and
♦ Teach their children and all with whom they are acquainted to oppose:
o The forced vaccination that is currently imposed on any group as well as
o Any and all attempts to increase vaccine mandates.

Thus, unless the Establishment abandons its attempts to mandate vaccination on additional groups
and reverses course by making all vaccination voluntary with incentives for those vaccines that are

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reasonably safe and truly cost effective, then, not tomorrow but in the not-too-distant future, the
number of people that are opposed to vaccination will grow until they are clearly in the majority.

In closing, let us remind the establishment that we, the People, understand the reality of Benjamin
Franklin’s admonishment, “We must all hang together, or assuredly we shall all hang separately”.
Moreover, on the issue of forced vaccination, though diverse in our views on vaccines and
vaccination, we, the People, shall hang together and continue to grow our numbers daily.
Furthermore, we understand Benjamin Franklin’s admonishment “They that can give up essential liberty to
obtain a little temporary safety deserve neither liberty nor safety”.
Therefore, we are striving to take back all of the essential liberties that, since September 11, 2001, if
not before, the federal government has been and is attempting to take from we, the People.
Let us remind the federal government and the governments of the states that the Constitution of the
United States of America begins by stating:
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic
Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty
to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America”.
Moreover, the Tenth Amendment, which ends the so-called “Bill of Rights” added to “this Constitution
for the United States of America” to ensure the American People’s hard-won freedoms would no be
usurped by the governments established or permitted by the People’s Constitution, states:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people”.
However, though the Federal Courts have repeatedly recognized the coercive police powers of the
“States” in the area of forced vaccination, we, the People, have not forgotten that we, the People,
who are citizens of these “States”:
 Retain the powers not delegated by us to the federal government or to the “States” and
 Also, directly or indirectly, retain the right to retake any power that has been “delegated” to
the “States” or, for that matter, to any other governmental unit.

Further, let all be assured that, no matter what the cost or how long it may take, we, the People, will:
a) stop the attempts to mandate more vaccines and b) roll back all vaccination mandates where, in
the United States of America, mass vaccination is not truly cost-effective when all the costs are
considered, including the injury-related costs from unsafe/adulterated vaccines.

Therefore, if strongly opposed, we will resist and push back ever harder until, if our oppression
continues unabated, we, the People, become the majority in all of the States, Commonwealths,
Districts and Territories and when that happens, we will: a) outlaw all mandatory vaccination
programs in America and b) only allow voluntary “opt in” vaccination policies.

Awakened from our complacence, we, the People, who oppose forced vaccination and our children,
and our children’s children unto seven generations and beyond, will:
Never, never, never, never, never, never give up until vaccination choice is universally
allowed in the United States of America. – Paul G. King
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ENDNOTES:
1
Jacobson v Massachusetts: It’s Not Your Great-Great-Grandfather’s Public Health Law. Am J Public
Health. 2005 April; 95(4): 581–590.
2
FDA NEWS RELEASE
This press release was updated on April 19 due to changes in the last paragraph.
Media Inquiries:
FOR IMMEDIATE RELEASE
Karen Riley, 301-827-6242
P07-68
Consumer Inquiries:
April 17, 2007
888-INFO-FDA
FDA Approves First U.S. Vaccine for Humans Against the Avian Influenza Virus H5N1
The U.S. Food and Drug Administration (FDA) today announced the first approval in the United States of a vaccine for
humans against the H5N1 influenza virus, commonly known as avian or bird flu.
The vaccine could be used in the event the current H5N1 avian virus were to develop the capability to efficiently spread
from human to human, resulting in the rapid spread of the disease across the globe. Should such an influenza pandemic
emerge, the vaccine may provide early limited protection in the months before a vaccine tailored to the pandemic strain of
the virus could be developed and produced.
‘The threat of an influenza pandemic is, at present, one of the most significant public health issues our nation and world
faces,’ said Andrew C. von Eschenbach, M.D., Commissioner of Food and Drugs. ‘The approval of this vaccine is an
important step forward in our protection against a pandemic.’
The H5N1 virus is one version of the influenza A virus commonly found in birds. Unlike seasonal influenza, where
infection ranges from mild to serious symptoms in most people, the disease caused by H5N1 is far more severe and
happens quickly, with pneumonia and multi-organ failure commonly seen.
While there have been no reported human cases of H5N1 infection in the United States, almost 300 people worldwide
have been infected with this virus since 2003 and more than half of them have died. To date, H5N1 influenza has
remained primarily an animal disease but should the virus acquire the ability for sustained transmission among humans,
people will have little immunity to this virus and the potential for an influenza pandemic would have grave consequences
for global public health.
‘The timing and severity of an influenza pandemic is uncertain, but the danger remains very real,’ said Jesse L.
Goodman, M.D., M.P.H., Director of FDA's Center for Biologics Evaluation and Research. ‘We are working closely with
other government agencies, global partners and the vaccine industry to facilitate the development, licensure and
availability of needed supplies of safe and effective vaccines to protect against the pandemic threat.’
The vaccine was obtained from a human strain and is intended for immunizing people 18 through 64 years of age who
could be at increased risk of exposure to the H5N1 influenza virus contained in the vaccine. H5N1 influenza vaccine
immunization consists of two intramuscular injections, given approximately one month apart. The manufacturer, sanofi
pasteur Inc., will not sell the vaccine commercially. Instead, the vaccine has been purchased by the federal government
for inclusion within the National Stockpile for distribution by public health officials if needed. The vaccine will be
manufactured at sanofi pasteur's Swiftwater, Pa., facility.
A clinical study was conducted to collect safety information and information on recipient's immune responses and to
determine the appropriate vaccine dose. A total of 103 healthy adults received a 90 microgram dose of the vaccine by
injection followed by another 90 microgram dose 28 days later. In addition, there were approximately 300 healthy adults
who received the vaccine at doses lower than 90 micrograms and a total of 48 who received a placebo injection.
The vaccine was generally well tolerated, with the most common side effects reported as pain at the injection site,
headache, general ill feeling and muscle pain. The study showed that 45 percent of individuals who received the 90
microgram, two-dose regimen developed antibodies at a level that is expected to reduce the risk of getting influenza.
Although the level of antibodies seen in the remaining individuals did not reach that level, current scientific information on
other influenza vaccines suggests that less than optimal antibody levels may still have the potential to help reduce
disease severity and influenza-related hospitalizations and deaths. Additional information on this H5N1 influenza vaccine
is being collected on safety and effectiveness in other age groups and will be available to FDA in the near future.
With the support of FDA, the U.S. National Institutes of Health and other government agencies, sanofi pasteur and other
manufacturers are working to develop a next generation of influenza vaccines for enhanced immune responses at lower
doses, using technologies intended to boost the immune response. Meanwhile, the approval and availability of this
vaccine will enhance national readiness and the nation's ability to protect those at increased risk of exposure.
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For more information on the government's preparedness efforts, visit: www.pandemicflu.gov. [Emphasis supplied.]
3
In addition to requiring two, 1-mL doses, containing 90 micrograms (μg) of inactivated-influenza virus
hemagglutinin (HA) per dose, an antigen level that is more than 4 times higher than the typical seasonal
influenza antigen for a type A influenza, the two doses will provide about 4 times the nominal level of
25-mcg of Thimerosal-derived mercury to the adult inoculated or nominally about 100 micrograms of
mercury – a level that exceeds the EPA’s Reference Dose (RfD) of 0.1 micrograms per kg per day
unless, for each 1-mL dose administered, the adults for which it is approved weigh more than 500 kg (or
1,102.3 pounds). Since the total amount of mercury per dosing is nominally four times that of the
Thimerosal-preserved “seasonal flu” vaccines, it is even more imperative that the manufacturer conduct
toxicity studies that prove that the nominal maximum 245-microgram dosing of Thimerosal (or 121.4
micrograms of mercury) in a one-month period is “sufficiently nontoxic so that the amount present in the
recommended dose of the product will not be toxic to the recipient”, as required by 21 CFR § 610.15(a).
4
http://www.fda.gov/downloads/BiologicsBloodVaccines/Vaccines/ApprovedProducts/UCM112836.pdf,
last visited November 19, 2009.
5
http://www.flu-treatments.com/pandemic-definition.html, last visited November 19, 2009.
6
http://www.hhs.gov/disasters/discussion/planners/prepact/prepact-h1n1.html, last visited Nov. 19, 2009.
7
http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm182399.htm, last visited Novem-
ber 19, 2009.
8
All the inactivated influenza vaccines were prepared with most doses in a Thimerosal-preserved multi-
dose formulation and a few doses in a Preservative-free formulation [in two of the three inactivated-flu
vaccines, the few doses of the Preservative-free formulations contain no Thimerosal; in the third, the
formulation contain a lower level of Thimerosal.
9
http://www.whitehouse.gov/the-press-office/declaration-a-national-emergency-with-respect-2009-h1n1-
influenza-pandemic-0, last visited November 24, 2009.
10
http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm190783.htm, last visited on No-
vember 19, 2009.
11
Factually, the manufacturers’ package inserts state: “influenza A/California/07/2009 (H1N1) v-like virus”
{Sanofi Pasteur, Inc., USA}; “virus strain: A/California/7/2009 (H1N1)v-like virus” {Novartis, England};
“influenza A/California/7/2009 (H1N1)v-like virus” {CSL Ltd, Australia}; “influenza A/California/7/2009 (H1N1)v-
like virus” {ID Biomedical Corp., Canada}; and “… the reassortant virus in Influenza A (H1N1) 2009
Monovalent Vaccine Live, Intranasal, the six internal gene segments responsible for ca, ts, and att phenotypes are
derived from a master donor virus (MDV), and the two segments that encode the two surface glycoproteins,
hemagglutinin (HA) and neuraminidase (NA), are derived from the corresponding antigenically relevant pandemic
(H1N1) 2009 wild-type virus” {MedImmune, LLC, USA}.
12
Based on the descriptions given by the manufacturer’s package inserts, there are at least 2 different
influenza strains in these 5 vaccines and, given the wording used, there may be as many as 5 strains of
the “2009 A-H1N1” influenza vaccines in the 5 vaccines with the 4 strains in the inactivated vaccines
being highly similar but not necessarily identical and the 1 strain in the live-virus vaccine being, because
it is a genetically engineered “cold adapted” virus, very different in its genetic composition though it is
claimed to induce antibodies in humans that are “similar” to the antibodies induced by genetically
different inactivated-2009-A-H1N1-influenza vaccines.
13
Though, unlike the CDC, he has no authority to make official recommendations, Dr. Anthony Fauci,
Director of the National Institute of Allergy and Infectious Diseases (NIAID), has nonetheless
recommended that mercury-free vaccines be given to pregnant women and young children.