HHS Claims ACIP Cannot Meet for Flu Season Due to Ongoing Legal Battle

The American Academy of Pediatrics (AAP) is formally disputing claims made by Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr, who recently asserted that the CDC’s Advisory Committee on Immunization Practices (ACIP) is unable to meet following a federal court ruling. Kennedy argued on social media that the court’s order left the committee without a quorum, preventing it from issuing recommendations or reviewing new immunizations ahead of the fall flu season.¹

“Contrary to the arguments in HHS’s recent legal action, the federal government has had and continues to have the power to restore a lawful ACIP and schedule a meeting at any time,” AAP President Andrew P. Racine, MD, PhD, FAAP, said in a news release.¹ “In fact, this is what AAP has long urged: a functioning ACIP led by experts who have the specialized knowledge to make evidence-based vaccine recommendations.”

What Does This Mean for Vaccines?

This ongoing stalemate carries significant weight for the pharmacy profession, which now administers a substantial share of vaccinations in the United States. Pharmacists often rely on ACIP recommendations to define their scope of practice, ensure provider liability protection, and facilitate insurance billing. In many jurisdictions, state law specifically ties a pharmacist's authority to administer vaccines directly to the federal schedule. If the ACIP remains inactive, the shift of certain vaccines from "routine" to "shared clinical decision-making" creates a precarious legal environment, raising questions about a pharmacist's authority under state law and complicating public health outreach.^2,3

“ACIP’s guidance impacts whether parents can easily access vaccines that keep their children healthy and thriving. When guidance shifts based on politics, it forfeits credibility and the public stops following it. The consequences are real. Vaccination rates decline, measles continues to spread, and children suffer needlessly from other vaccine-preventable diseases like whooping cough and flu,” Racine added.

The legal gridlock stems from a March 2026 preliminary injunction issued by US District Judge Brian Murphy, which froze attempts by the administration to radically alter the national childhood immunization schedule. The court found that Kennedy likely violated federal procedures, specifically the Administrative Procedure Act (APA), when he bypassed evidence-based scientific reviews to reduce the number of routine childhood vaccines from 17 down to 11. Furthermore, the judge stated the appointments of 13 members to the ACIP, invalidating all votes taken since June 2025 on the grounds that the committee was not properly constituted to be "fair and balanced" as required by the Federal Advisory Committee Act.⁴

The Broader Scope of Vaccine Recommendations

These changes were part of a broader realignment strategy established by an executive order from President Donald J. Trump. The policy aims to match US vaccine schedules with those of peer nations like Denmark, effectively moving universal recommendations for influenza, COVID-19, rotavirus, and respiratory syncytial virus to a model of individual consultation between parents and clinicians. Proponents argue this returns health care decisions to families, but public health experts warn that derecommending vaccines will likely lead to lower uptake and leave children exposed to preventable diseases.^4,5

The current paralysis of ACIP is particularly concerning as new technologies approach the market. The FDA’s Vaccines and Related Biological Products Advisory Committee recently voted unanimously to recommend Moderna’s mRNA-1010, an investigational flu vaccine for older adults. Although this mRNA platform offers the potential for faster production and more accurate strain selection compared to traditional egg-based vaccines, its integration into the annual immunization fold and subsequent insurance coverage traditionally depends on a functioning ACIP review.⁶

Faced with federal instability, major medical organizations are increasingly operating independently. The American College of Obstetricians and Gynecologists (ACOG) recently withdrew as a liaison organization from the ACIP, citing a "fundamental departure from scientific rigor.” ACOG has since released its own 2026 Maternal Immunization Schedule, endorsed by the American Pharmacists Association and the AAP, to serve as a clinical standard for providers. Pharmacists are now being advised by clinical experts to stay informed of their specific state’s scope of practice, as some states have already pivoted to following the guidelines of professional societies like the AAP and ACOG when federal guidance falters.³

REFERENCES

1. AAP Statement in Response to HHS Request to Appeal Vaccine Lawsuit. News release. AAP. June 16, 2026. Accessed June 23, 2026. https://www.aap.org/en/news-room/news-releases/aap/2026/aap-statement-in-response-to-hhs-request-to-appeal-vaccine-lawsuit/

2. Gallagher A. Ongoing AAP, HHS legal battle will determine future health care action. Drug Topics. June 4, 2026. Accessed June 23, 2026. https://www.drugtopics.com/view/ongoing-aap-hhs-legal-battle-will-determine-future-health-care-action

3. Gallagher A. ACOG releases maternal immunization schedule, differing from previous CDC schedule. Drug Topics. June 12, 2026. Accessed June 23, 2026. https://www.drugtopics.com/view/acog-releases-maternal-immunization-schedule-differing-from-previous-cdc-schedule

4. Gallagher A. Executive order calls for realignment of childhood vaccines. Drug Topics. June 3, 2026. Accessed June 23, 2026. https://www.drugtopics.com/view/executive-order-calls-for-realignment-of-childhood-vaccines

5. Nowosielski B. HHS limits vaccine recommendations for childhood schedules. Drug Topics. January 5, 2026. Accessed June 23, 2026. https://www.drugtopics.com/view/hhs-limiting-vaccine-recommendations-for-childhood-schedules

6. Gallagher A. FDA committee votes unanimously to recommend mRNA flu vaccine. Drug Topics. June 19, 2026. Accessed June 23, 2026. https://www.drugtopics.com/view/fda-committee-votes-unanimously-to-recommend-mrna-flu-vaccine