By Dan Levine and Yasmeen Abutaleb
May 19 (Reuters) - U.S. Health Secretary Robert F. Kennedy Jr.'s latest effort to reconstitute a CDC vaccine advisory committee backs away from some reforms he announced just weeks ago and could complicate his efforts to alter federal immunization policy, according to a copy of the plan reviewed by Reuters.
The Advisory Committee on Immunization Practices, or ACIP, played a central role in rewriting U.S. vaccine policies under Kennedy, who has spent years sowing doubt
about the safety and efficacy of vaccines contrary to scientific evidence. The advisory board recommends which shots should be administered to Americans and when, and informs health insurance coverage.
Kennedy replaced the entire ACIP panel of independent experts last year with several vaccine skeptics and members without direct experience with immunization practices.
His appointees cut the number of shots recommended for routine U.S. childhood immunization, sparking a lawsuit from leading medical associations who say the move will expose more youth to preventable diseases.
A federal judge in March blocked Kennedy’s policy changes and barred his advisory committee appointments, saying they lacked the kind of expertise required by federal law.
Following the ruling, Kennedy approved an expanded mission for the advisory committee to emphasize the evaluation of vaccine safety, a role primarily managed by the U.S. Food and Drug Administration.
In a new charter governing the committee’s work announced on April 6, he also broadened the membership requirements for potential panelists, adding expertise in toxicology, data science and health economics, among other areas.
Kennedy’s allies praised the charter, while his critics said it could open the door for the secretary to simply reappoint some of the same advisory committee members the federal judge just blocked.
Kennedy’s Health and Human Services Department on Monday withdrew that document, without releasing a new version.
CHARTER CHANGES
A replacement charter, signed by Kennedy on May 14 and reviewed by Reuters, no longer contains the requirements for a toxicologist, data scientist and other specific area knowledge. Rather, it says members shall represent “a balanced range of scientific, clinical and public health expertise.”
The changes to the charter were directed in part by top White House and HHS officials, to make it less far-reaching and more likely to survive legal scrutiny, according to a person familiar with the matter. The new charter would become official once it is published in the federal register, though that date is unclear.
Dorit Reiss, professor of law at UC Law San Francisco who has criticized Kennedy’s vaccine policies, said the changed language appears to implicitly acknowledge the judge's injunction, as the blocked advisory committee members would likely not fit the new requirement for balance.
“I don’t think it helps Kennedy do the same thing over again,” she said.
Kennedy retains the ultimate authority to name ACIP members under the newest version of the charter. Reuters could not determine how it might affect any new appointments by Kennedy.
HHS and the White House did not respond to requests for comment.
BROADER SHAKEUP
The change comes amid a broader shakeup of the federal health department that has helped the Trump administration exert more control over personnel decisions under Kennedy. White House advisers have asked Kennedy to set aside unpopular vaccine-related initiatives out of concern it could hurt President Donald Trump's Republican party as it seeks to retain slim congressional majorities in November elections.
Still, top Kennedy deputies continue to pursue vaccine injury studies despite the White House instruction to stay away from the issue, according to two senior administration officials, who requested anonymity because they were not authorized to speak publicly.
The advisory committee charter released by Kennedy in April also directed the group to consider the safety of new vaccines, “as well as novel vaccine platforms such as mRNA.”
Kennedy and anti-vaccine allies have long been critical of mRNA-based shots, especially widely used COVID-19 vaccines, despite evidence that they are safe and highly effective.
The revised charter signed in May omits any mention of the mRNA platform, and says the advisory committee “may” identify gaps in available safety evidence and “provide advice” on areas where further evaluation “would support informed decision-making.”
Both the April charter and the revised version do not contain any language about when ACIP should meet. In the past, ACIP had been required to convene three times a year, Reiss said. The judge’s block on ACIP actions has already left recommendations for several vaccines in limbo.
“In theory they don’t have to meet at all,” Reiss said.
(Reporting by Dan Levine in San Francisco, Yasmeen Abutaleb in Washington and Michael Erman in New York; Editing by Michele Gershberg and Bill Berkrot)
