Health and Human Services Secretary Robert F. Kennedy Jr. has extended legal liability protections for manufacturers developing treatments targeting the Andes hantavirus strain, a move that has drawn sharp criticism from some allies within the Make America Healthy Again movement.
The extension, announced late last week, shields makers and distributors of the experimental antiviral favipiravir through July 18. Kennedy signed a PREP Act declaration, which provides legal protections for health product manufacturers during declared public health emergencies or pandemics.
The protections apply specifically to passengers who may have been exposed to Andes virus aboard the cruise ship M/V Hondius and individuals in close contact with those passengers. The deadly outbreak on the South Atlantic vessel last month prompted the emergency response.
"This action helps remove barriers to research and response efforts while we continue monitoring the recent outbreak linked to the South Atlantic cruise ship," Kennedy wrote on social media platform X earlier this month.
What the Right Is Saying
MAHA activists and medical freedom supporters have been vocal in their opposition to Kennedy's decision. Del Bigtree, a longtime ally of Kennedy and former campaign communications director, is among those who criticized the extension as contradicting principles of medical freedom that Kennedy championed during his presidential campaign.
Kennedy pushed back against the criticism directly on social media, writing: "Don't believe Internet fearmongers." He added: "HHS defends public health AND supports medical freedom — period."
The HHS secretary emphasized that the PREP Act declaration does not apply to vaccines, does not "pave the way for a new mRNA vaccine," and does not provide pharmaceutical companies with expanded liability protections. Kennedy has previously signaled willingness to eliminate liability shields for vaccine manufacturers.
Republican lawmakers including Reps. Thomas Massie of Kentucky and Paul Gosar of Arizona have sought to repeal the PREP Act entirely, arguing it was overused during the COVID-19 pandemic to facilitate vaccine distribution without adequate safety review.
What the Left Is Saying
Democratic lawmakers and public health advocates have long argued that PREP Act protections serve a critical function during health emergencies. They note that legal shields enable pharmaceutical companies to invest in developing treatments without facing immediate litigation risk, which can be essential during fast-moving outbreaks.
Progressive critics of Kennedy's broader agenda argue his push to eliminate vaccine manufacturer liability while extending protections for antiviral treatments reveals an inconsistent approach. Some progressive health policy advocates have questioned whether the distinction between vaccines and antivirals in Kennedy's defense holds up under scrutiny.
Public health organizations generally support maintaining pathways for emergency legal protections during declared outbreaks, citing the need for flexibility when facing novel disease threats.
What the Numbers Show
Currently, there are no approved antiviral treatments or vaccines available for the respiratory disease caused by the Andes strain of hantavirus. The cruise ship outbreak last month resulted in fatalities, according to initial reports from health authorities.
According to HHS, existing PREP Act declarations currently cover smallpox, mpox, Zika, anthrax, viral hemorrhagic fevers, and other conditions. The law was invoked extensively during the COVID-19 pandemic to expedite access to vaccines, antivirals, and other medical countermeasures.
The extension runs through July 18 and is narrowly tailored to the cruise ship exposure scenario rather than establishing broader public health emergency protections.
The Bottom Line
Kennedy finds himself navigating tension between his stated commitment to medical freedom and the operational realities of responding to a disease outbreak. The Andes hantavirus case represents one of the first significant public health emergencies since he took office at HHS.
The criticism from MAHA supporters highlights the challenges Kennedy may face as he attempts to pursue a nuanced policy agenda that differs from both traditional Republican and Democratic approaches to pharmaceutical regulation and public health.
What happens next: Health officials continue monitoring the cruise ship outbreak, while Kennedy's broader efforts to reshape vaccine liability frameworks remain under review. The PREP Act extension is set to expire in July unless further action is taken.