Vaccine informed consent – mandates and liability

vaccine informed consent

Several people have asked me whether having school mandates is in tension with the idea of vaccine informed consent . The answer is no. While school mandates have some effect on parental autonomy, the doctrine of informed consent should not be conflated with autonomy.

For a somewhat different reason, imposing sanctions on those who do not vaccinate is also not a violation of informed consent. Continue reading “Vaccine informed consent – mandates and liability”

Can FTC regulate anti-vaccine misrepresentations?

In a previous post, I discussed the proposal by Ms. Amanda Naprawa (Naprawa, 2013) to sue the tort of misrepresentation that causes physical harm against those spreading anti-vaccine misinformation, and under which conditions can that be done.

This article examines another tactic suggested by Ms. Naprawa, regulation by the Federal Trade Commission (FTC). This tactic is at once more limited and more powerful than the tort of misrepresentation. It is more limited, since the FTC’s power of regulating false speech is limited to commercial speech, and the decision to use it depends on the FTC, with individuals’ power to promote such action extremely limited. It is more powerful since individuals do not have to bear the costs of bringing a suit and proving the falsity, since it can be done before harms actually happen, and since it is a traditional power of the FTC that has been used in similar context in the past.

Maybe the FTC could regulate anti-vaccine misrepresentations in certain areas.

Continue reading “Can FTC regulate anti-vaccine misrepresentations?”