This post was published by Jon Fleetwood. Support him by subscribing at Substack and following at Instagram / X / Facebook.
Today, the U.S. Department of Health and Human Services (HHS) announced that Secretary Robert F. Kennedy, Jr. has “signed determinations terminating the COVID-19 Emergency Use Authorization (EUA) declarations for drugs and biological products and for medical devices, concluding that the circumstances that justified these emergency authorities no longer exist,” according to an agency press release.
“Americans deserve a regulatory system that is transparent, accountable, and rooted in the rule of law,” said Secretary Kennedy. “By ending these COVID-19 emergency use authorization declarations, we’re reinforcing public confidence that emergency authorities are temporary and targeted.”
While Kennedy’s signature is welcomed by many, his “temporary” characterization is undermined by the fact that the COVID EUA authority has lasted for more than six years.
Moreover, as of June 30, 2026, no major COVID-19 vaccines remain under EUA (they are now FDA-approved or revoked), with only a few niche therapeutics like Pemgarda and Gohibic plus many diagnostic tests still authorized under the declarations that are now being terminated.
Questions arise about whether the termination is more symbolic than substantive.
The move comes as HHS awards Pfizer $1.2 billion and Moderna $314 million for more COVID vaccines, both unaffected by Kennedy’s signature because they both already have full FDA approval.
Moreover, the FDA’s Vaccines and Related Biological Products Advisory Committee (VRBPAC) has cleared the way for Moderna’s experimental mRNA influenza vaccine, mFlusiva (mRNA-1010).
As the government orchestrates a future influenza pandemic, questions arise as to whether the termination of the COVID-19 EUA declarations represents a genuine departure from emergency-driven policymaking, or simply a reorientation of the same accelerated approval pathways, mRNA platforms, and substantial federal contracts toward new targets.
Termination Not Immediate
The EUA declaration terminations do not go into effect immediately.
Per the release:
“The terminations will take effect following advance notice periods to ensure an orderly transition. The declaration for drugs and biological products will terminate 12 months after the Secretary’s determination, while the declarations for medical devices will terminate 180 days after the Secretary’s determination.”
…
“The advance notice periods are designed to provide manufacturers, healthcare providers, health systems, distributors, and patients adequate time to transition away from products authorized solely under the COVID-19 EUA declarations. During this transition, HHS and the Food and Drug Administration (FDA) will continue working with manufacturers on appropriate regulatory pathways for products seeking traditional approval, clearance, or licensure.”
“HHS will publish notices of the terminations in the Federal Register and provide the notifications required by law to Congress.”
Bottom Line
Secretary Kennedy’s announcement marks the formal end of one of the longest-running emergency regulatory frameworks in U.S. history.
But after more than six years of emergency powers, billions of taxpayer dollars, and the transition of the government’s flagship COVID-19 vaccines from emergency authorization to full FDA approval, the practical impact appears limited.
The federal government is still spending more than $1.5 billion on new COVID-19 vaccines, while simultaneously advancing a new generation of mRNA influenza vaccines and expanding pandemic preparedness programs.
That raises a straightforward question: Has the emergency era actually ended, or has the infrastructure built during COVID simply been redirected toward the next declared public health emergency?
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