Brownstone Institute
UK regulators find Pfizer CEO guilty of misleading public
From the Brownstone Institute
This is the inside story of how UsForThem, a UK children’s welfare campaigning group, held Pfizer to account for misleading parents about Covid vaccine safety.
On 2 December 2021, the UK’s national public broadcaster, the BBC, published on its website, its popular news app, and in a flagship news program, a video interview and an accompanying article under the headline ‘Pfizer boss: Annual Covid jabs for years to come.’
The interview by the BBC’s medical editor, Fergus Walsh, conducted as a friendly fireside chat, gave Dr Albert Bourla, the Chairman and CEO of Pfizer, a free pass promotional opportunity that money cannot buy — as the UK’s public service broadcaster, the BBC is usually prohibited from carrying commercial advertising or product placement.
Perhaps unsurprisingly, Pfizer made the most of that astonishing opportunity to promote the uptake of its vaccine product. As the BBC’s strapline suggests, the key message relayed by Dr Bourla, responding to an obediently leading question from Mr Walsh, was that many more vaccine shots would need to be bought and jabbed to maintain high levels of protection in the UK. He was speaking shortly before the UK Government bought another 54 million doses of Pfizer vaccines.
Misleading statements about safety
Among his explicit and implicit encouragements for the UK to order more of his company’s shots, Dr Bourla commented emphatically about the merits of vaccinating children under 12 years of age, saying “[So] there is no doubt in my mind that the benefits, completely are in favour of doing it [vaccinating 5 to 11 year-olds in the UK and Europe]”.
No mention of risks or potential adverse events, nor indeed the weighing of any factors other than apparent benefits: Dr Bourla was straightforwardly convinced that the UK and Europe should be immunising millions of children.
In fact, it later emerged that the BBC’s article had misquoted Dr Bourla, who in the full video interview recording had ventured the benefits to be “completely completely” in favour of vaccinating young children.
Despite the strength of Dr Bourla’s unconditional and superlative pitch for vaccinating under-12s, the UK regulatory authorities would not authorise the vaccine for use with those children until the very end of 2021; and indeed this came just a few months after the JCVI — the expert body which advises the UK Government on whether and when to deploy vaccines — had already declined to advise the Government to roll out a mass vaccination programme for healthy 12 to 15 year-olds on the basis that “the margin of benefit, based primarily on a health perspective, is considered too small to support advice on a universal programme of vaccination of otherwise healthy 12 to 15-year old children…”.
In response, soon after the interview aired, UsForThem submitted a complaint to the UK’s Prescription Medicines Code of Practice Authority (PMCPA) — the regulator responsible for policing promotions of prescription medicines in the UK. The complaint cited the overtly promotional nature of the BBC’s reports and challenged the compliance of Dr Bourla’s comments about children with the apparently strict rules governing the promotion of medicines in the UK.
A year-long, painful process
More than a year later, following a lengthy assessment process and an equally lengthy appeal by Pfizer of the PMCPA’s initial damning findings, the complaint and all of the PMCPA’s findings have been made public in a case report published on the regulator’s website.**
Though some aspects of that complaint ultimately were not upheld on appeal, importantly an industry-appointed appeal board affirmed the PMCPA’s original findings that Dr Bourla’s comments on using the Covid vaccine for 5 to 11 year-olds were promotional, and were both misleading and incapable of substantiation in relation to the safety of vaccinating that age group.
Even after UsForThem involved a number of prominent UK parliamentarians, including Sir Graham Brady MP, to help accelerate the complaint, the process was dragged on — or perhaps ‘out’ — while the rollout of Pfizer’s vaccine to UK under-12s proceeded, and the BBC’s interview and article stayed online. Even now the interview remains available on the BBC’s website, despite the PMCPA in effect having characterised it as ‘misinformation’ as far as vaccinating children is concerned.
When news of the appeal outcome was first revealed in November 2022 by a reporter at The Daily Telegraph newspaper, Pfizer issued a comment to the effect that it takes compliance seriously and was pleased that the “most serious” of the PMCPA’s initial findings — that Pfizer had failed to maintain high standards and had brought discredit upon and lowered confidence in the pharmaceutical industry — had been overturned on appeal.
It must be an insular and self-regarding world that Pfizer inhabits, that discrediting the pharmaceutical industry is considered a more serious matter than making misleading and unsubstantiated claims about the safety of their products for use with children. This surely speaks volumes about the mindset and priorities of the senior executives at companies such as Pfizer.
And if misleading parents about the safety of a vaccine product for use with children does not discredit or reduce confidence in the pharmaceutical industry, it is hard to imagine what standard can have been applied by the appeal board which overturned that initial finding.
Perhaps this reflects the industry’s assessment of its own current reputation: that misinformation promulgated by one of its most senior executives is not discrediting. According to the case report, the appeal board had regard to the “unique circumstances” of the pandemic: so perhaps the view was that Pfizer can’t always be expected to observe the rules when it gets busy.
Multiple breaches. No meaningful penalty
Indeed, a brief look at the PMCPA’s complaints log confirms that Pfizer has been found to have broken the UK medicines advertising rules in relation to its Covid vaccine a further four times since 2020. Astonishingly, though, for their breaches in this most recent case, and in each of the other cases decided against it, neither Pfizer nor Dr Bourla will suffer any meaningful penalty (the PMCPA will have levied a small administrative charge to cover the cost of administering each complaint). So in practice neither has any incentive to regret the breach, or to avoid repeating it if it remains commercially expedient to do so.
And this is perhaps the crux of the issue: the PMCPA, the key UK regulator in this area, operates as a division of the Association of the British Pharmaceutical Industry, the UK industry’s trade body. It is therefore a regulator funded by, and which exists only by the will of, the companies whose behaviour it is charged with overseeing.
Despite Pharma being one of the most lucrative and well-funded sectors of the business world, the largely self-regulatory system on which the industry has now for decades had the privilege to rely has been under-resourced and has become slow, meek and powerless.
The UK Medicines and Healthcare Products Regulatory Agency (MHRA), a governmental agency, in principle has jurisdiction to hold the BBC accountable for what seems likely to have been mirroring breaches of the medicines advertising rules when it broadcast and promoted Dr Bourla’s comments, but no action has yet been taken.
This case, and the apparent impunity that companies such as Pfizer appear to enjoy, serve as evidence that the system of oversight for Pharma in the UK is hopelessly outdated and that the regulatory authorities are risibly ill-equipped to keep powerful, hugely well-resourced corporate groups in check. The regulatory system for Big Pharma is not fit for purpose; so it is time for a rethink.
Children deserve better, and we should all demand it.
** Endnote: an undisclosed briefing document
As part of its defence of UsForThem’s complaint, Pfizer relied on the content of an internal briefing document that had been prepared for the CEO by Pfizer’s UK compliance team before the BBC interview took place. Pfizer initially asked for that document to be withheld from UsForThem on the grounds that it was confidential. When UsForThem later demanded sight of the document (on the basis that it was not possible to respond fully to Pfizer’s appeal without it), UsForThem was offered a partially redacted version, and only then under terms of a perpetual and blanket confidentiality undertaking.
Without knowing the content of that document, or the scope of the redactions, UsForThem was unwilling to give an unconditional perpetual blanket confidentiality undertaking, but reluctantly agreed that it would accept the redacted document and keep it confidential subject to one limited exception: if UsForThem reasonably believed the redacted document revealed evidence of serious negligence or wrongdoing by Pfizer or any other person, including evidence of reckless or wilful damage to the public health of children, UsForThem would be permitted to share the document, on a confidential basis, with members of the UK Parliament.
This limited exception to confidentiality was not accepted. Consequently UsForThem never saw the briefing document, and instead drew the inference that it contained content which Pfizer regarded as compromising and which it therefore did not wish to risk ever becoming public.
Author
From the Brownstone Institute
As documented in a 2023 report from the Electronic Privacy Information Center, more than seventy local governments used ARPA funds to expand surveillance programs in their communities
If you ever had the vague sense that Covid relief funding worked in a manner akin to US aid packages in failed Middle Eastern dictatorships, your instincts weren’t wrong.
First off, there were cases of just outright fraud nearing the $200 billion mark with drug gangs and racketeers collecting Covid unemployment benefits from the US government, with some recipient fraudsters not even having the common decency of being honest American fraudsters.
Even worse, though, were some legitimate uses of Covid funds that actually counted as legitimate despite being laughably frivolous or clearly unrelated to nominal goals connected to public health or helping communities deal with the economic impact of the virus – or, more accurately, the lockdowns.
One of the most should-be-satirical-but-actually-real examples of a legitimate use of Covid cash was a researcher at North Dakota State University being awarded $300,000 by the National Science Foundation through a grant funded at least in part through the American Rescue Plan Act of 2021 to aid her in her 2023 efforts to reimagine grading in the name of equity. (If none of that makes sense, please don’t hurt yourself with mental pirouettes.)
Other more mundane projects pertained to prisons and law enforcement using Covid relief money for purposes that extended well-beyond simply paying salaries or keeping the lights on. In 2022 The Appeal and The Marshall Project reported on how large sums of Covid money went to prison construction and expansion projects and to outfit police departments with new weaponry, vehicles, and canines. Regardless of how you feel about law enforcement or our prison system, these probably did little to stop the spread of Covid or keep out-of-work bartenders afloat while public health bureaucrats consulted horoscopes or goat entrails or their equally useful models to divine the proper time to let businesses reopen safely at half-capacity to diners willing to wear a mask between bites but too afraid to leave their homes.
Yet, of course, that didn’t stop people from trying to make the case that these expenditures absolutely were essential to slowing the spread. Often coming off like precocious children explaining to their parents how a new puppy would help teach them responsibility or an overpriced pair of sneakers would facilitate their social-emotional development by ensuring the cool kids would like them, local sheriffs and city managers were reported as claiming prison expansions could help prisoners social distance from each other, new tasers would help officers social distance from suspects, and new vehicles would allow officers to take their cars home with them rather than share one with another officer who might end up contaminating it with their Covid cooties.
But even worse than the funds that were outright plundered or just snatched up as part of a cash grab were those that were used on projects that helped further erode the freedoms of American citizens.
As documented in a 2023 report from the Electronic Privacy Information Center, more than seventy local governments used ARPA funds to expand surveillance programs in their communities, purchasing or licensing gunshot detection systems, automatic license plate readers, drones, social media monitoring tools, and equipment to hack smartphones and other connected devices.
Sometimes EPIC reported that this was done with little, if any, public debate over the civil liberties and privacy concerns inherent to these tools. In one case from a town in Ohio, approval for ARPA-funded ALPRs – cameras that can create a searchable, time-stamped history for the movements of passing vehicles – came after only a 12-minute presentation by their police chief.
Similarly, schools also likely used money from ARPA, as well as the 2020 Coronavirus Aid, Relief, and Economic Security Act, for their own surveillance purposes, although documentation of how schools used their Covid money is said to be somewhat spotty at best.
Vice News in 2021 reported how Ed Tech and surveillance vendors such as Motorola Solutions, Verkada, and SchoolPass marketed their products as tools to help reduce the spread of Covid and allow schools to reopen safely.
Some attempts such as Vice’s description of SchoolPass presenting ALPRs as a means to assist with social distancing come off like police departments explaining the social distancing benefits of tasers.
Others, however, such as Motorola plying schools with lists of behavioral analysis programs that “monitor social distancing violations” and room occupancy while “automat[ing] the detection of students who are not wearing face masks,” seem to offer a glimpse of the dystopian future into which we are heading – as do the other surveillance tools bought with Covid cash.
Maybe at some point Disease X, about which our ruling class has been warning us, will hit and the additional drones, ALPRs, and social media monitoring tools bought by the law enforcement agencies reported on by EPIC will be used to monitor adults for social distancing violations and automatically detect who isn’t wearing a mask. Maybe those tools will just be used to keep a digital notebook of the daily activities of everyone while police reassure us that they promise only to look at it when they really really need to.
In either case, though, if you currently have the vague sense that post-Covid America is a little more like a Chinese surveillance state than in the Before Times, your instincts are dead-on.
Author
From the Brownstone Institute
In March 2021, the Biden White House initiated a brazenly unconstitutional censorship campaign to prevent Americans from buying politically unfavorable books from Amazon.
The effort, spearheaded by White House censors including Andy Slavitt and Rob Flaherty, began on March 2, 2021, when Slavitt emailed Amazon demanding to speak to an executive about the site’s “high levels of propaganda and misinformation and disinformation.”
Their subsequent discussions remain unknown, but recently released emails from the House Judiciary Committee reveal that the censors achieved their intended result. Within a week, Amazon adopted a shadow ban policy.
Company officials wrote in internal emails, “The impetus for this request is criticism from the Biden administration about sensitive books we’re giving prominent placement to, and should be handled urgently.” They further clarified that the policy was “due to criticism from the Biden people,” presumably meaning Slavitt and Flaherty.
At the time, “vaccine misinformation” was parlance for inconvenient truths. Five months after the Amazon censorship crusade, Twitter banned Alex Berenson at the Government’s behest for noting that the shots do not prevent infection or transmission. Senator Elizabeth Warren (D-MA) favorably cited his Twitter ban in a September 2021 letter to Amazon calling for increased censorship of books.
A similar process occurred at Facebook. Mark Zuckerberg wrote in internal emails that the platform decided to ban claims related to the lab-leak theory in February 2021 after “tense conversations with the new Administration.” Facebook executive Nick Clegg similarly wrote that the censorship was due to “pressure from the [Biden] administration and others to do more.” Another internal Facebook email from August 2021 wrote that the company had implemented new “misinformation” policies “stemming from the continued criticism of our approach from the [Biden] administration.”
Not only does the Biden regime’s call for de facto book bans lead to the suppression of true information regarding lockdowns, vaccine injuries, and the lab-leak theory; it was also a clear violation of the First Amendment.
The Supreme Court weighed in on a nearly identical case over sixty years ago.
In 1956, the Rhode Island legislature created a “Rhode Island Commission to Encourage Morality in Youth.” Like “public health” or “inclusivity,” the innocuous language was a Trojan Horse for censorship.
The Commission sent notices to bookshops and book dealers that potentially violated Rhode Island’s obscenity laws. The book dealers challenged the constitutionality of the Commission, and the case made its way to the Supreme Court in Bantam Books v. Sullivan.
The New York Times’ description of the case from 1962 could be transposed to a modern article on the Amazon Files, but The Gray Lady has deemed the news unfit to print and has ignored the revelations entirely.
The challengers argued that the Commission acted “as a censor” while the Government “contended that its purpose was only to educate people,” the Times explained. The Government, desperate to maintain its benevolent facade, insisted its “hope [was] that the dealer would ‘cooperate’ by not selling the branded books and magazines.”
But the Government’s call for “cooperation” was a thinly veiled threat. The Commission did not just notify the booksellers; they also sent copies of the notices to the local police, who “always called dealers within 10 days of the notice to see whether the offending items had been withdrawn,” according to the book dealers.
“This procedure produced the desired effect of frightening off sale of the books deemed objectionable,” a book dealer told The Times. They complied, “not wanting to tangle with the law.”
The Supreme Court ruled 8-1 that the Committee’s reports violated the Constitutional rights of the book dealers. Justice William O. Douglas wrote in a concurring opinion: “This is censorship in the raw; and in my view the censor and First Amendment rights are incompatible.”
Here, we again see censorship in the raw; bureaucratic thugs, using the power of the US federal government, call for the suppression of information that they find politically inconvenient. They hide behind the innocuous language of “public health” and “public-private partnerships,” but the Leviathan’s “requests” carry an implicit threat.
As we wrote in “The Censors’ Henchmen,” the censorship demands from White House lackeys Rob Flaherty and Andy Slavitt are like mobsters’ interrogations. Just months after the Amazon demands, Flaherty wrote to Facebook, “We are gravely concerned that your service is one of the top drivers of vaccine hesitancy – period.” Then came the demands: “We want to know that you’re trying, we want to know how we can help, and we want to know that you’re not playing a shell game…This would all be a lot easier if you would just be straight with us.”
In other words, we can do this the easy way or the hard way. Nice company you have here – it would be a shame if something happened to it.
When companies refused to comply, Biden’s henchmen responded with scorn. Facebook ignored one censorship request, and Flaherty exploded: “Are you guys fucking serious? I want an answer on what happened here and I want it today.”
Failure to comply would threaten Amazon’s substantial government contracting operations. In April 2022, Amazon received a $10 billion contract from the NSA. Later that year, the US Navy granted Amazon a $724 million cloud computing contract, and the Pentagon awarded Amazon an additional $9 billion in contracts. Amazon also has ongoing contracts with the CIA that could be worth “tens of billions” of dollars.
“Cooperation” is a prerequisite for these lucrative agreements. Sixty years ago, the Court recognized the threat that Government demands for “cooperation” posed to liberty in Bantam Books. Ten years later, the Court held in Norwood v. Harrison that it is “axiomatic that a state may not induce, encourage or promote private persons to accomplish what it is constitutionally forbidden to accomplish.”
Since then, skyrocketing government spending and public-private partnerships have further blurred the line between state and private persons at the cost of our liberties.
The recent Amazon revelations add to the censors’ parade of horribles that have been uncovered in recent years. The Supreme Court will rule on the crux of the battle between free speech and Biden’s cosa nostra next month in Murthy v. Missouri.
Meanwhile, the revelations keep pouring in, adding to what we know but still concealing the fullness of what might actually have been happening. Adding to the difficulty is that the revelations themselves are not being widely reported, raising serious questions concerning just how much in the way of independent media remains following this brutal crackdown on free speech that took place with no legislation and no public oversight.
Author
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