Health and Human Services Secretary Robert F. Kennedy Jr. has ignited a firestorm among his anti-vaccine base by extending legal liability protections for manufacturers of an experimental treatment for the Andes hantavirus strain. The move, which shields drugmakers and distributors of the antiviral favipiravir through July 18, has drawn sharp criticism from Make America Healthy Again activists who see it as a betrayal of the movement's core principles.
Kennedy signed a PREP Act declaration—a legal tool that provides immunity from lawsuits during public health emergencies—to accelerate research and response efforts after a deadly outbreak linked to the cruise ship M/V Hondius. In a social media post, he argued the action was necessary to remove barriers to developing treatments for a disease with no approved antivirals or vaccines. “This helps remove barriers to research and response efforts while we continue monitoring the recent outbreak,” he wrote.
The protections are narrowly tailored, applying only to passengers potentially exposed to the virus on the cruise ship and their close contacts. But that has done little to appease critics like Del Bigtree, Kennedy’s former campaign communications director and a prominent anti-vaccine advocate, who accused the secretary of caving to corporate interests.
Kennedy fired back, urging supporters to ignore what he called “Internet fearmongers.” In a separate post, he insisted the department is balancing public health and medical freedom. “HHS defends public health AND supports medical freedom — period,” he wrote. He also stressed that the declaration does not apply to vaccines, does not pave the way for a new mRNA vaccine, and does not grant Big Pharma sweeping new immunity.
The PREP Act has been a flashpoint since the COVID-19 pandemic, when it was used to fast-track vaccines and treatments. Republican lawmakers like Reps. Thomas Massie (R-Ky.) and Paul Gosar (R-Ariz.) have repeatedly tried to repeal the law, arguing it shields drugmakers from accountability. HHS currently maintains PREP Act declarations for threats including smallpox, mpox, Zika, anthrax, and viral hemorrhagic fevers.
The hantavirus outbreak, which has so far been contained according to the World Health Organization, underscores the ongoing tension between emergency preparedness and the medical freedom movement. Kennedy’s decision to use the same legal mechanism he once criticized highlights the complex balancing act facing his administration.
For now, the HHS chief is walking a tightrope—trying to expedite a response to a rare but deadly virus without alienating the grassroots supporters who helped put him in office. Whether he can hold that line remains an open question as the debate over liability protections intensifies.
