Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. announced a “targeted PREP Act declaration” on Friday to support the development and deployment of medical countermeasures related to Andes virus, which he stated can cause deadly respiratory illness Hantavirus Pulmonary Syndrome.

In his statement, Kennedy emphasized that the action aims to remove barriers for research and response efforts while monitoring an outbreak linked to a South Atlantic cruise ship. He noted HHS is taking the situation seriously and will continue working to protect public health and support safe development of potential treatments.

The announcement drew significant criticism from medical advocates. Dr. Robert Malone, a medical advocate, criticized Kennedy’s press office for lacking clarity on the declaration’s scope: “Sec. Kennedy’s Press office needs to do a whole lot better. They could have saved themselves a whole lot of negative press by stating just what this declaration is and isn’t.” Nicolas Hulscher, an epidemiologist and administrator at the McCullough Foundation, added that the declaration “ONLY covers favipiravir for 2 months — an antiviral shown to protect 100% of animals from lethal Andes virus infection. NO vaccines are covered.” He further stated the PREP Act is unconstitutional and should be repealed.

Rep. Thomas Massie (R-KY) previously characterized the PREP Act as “medical malpractice martial law,” noting it “supersedes all state tort laws” and allows pharmaceutical and medical device companies to evade liability when victims cannot prove malicious intent.

In a video released earlier this month, Kennedy discussed how the COVID-19 response systematically undermined constitutional rights. He stated that during the pandemic, the government dismantled protections for individuals by removing the ability to sue negligent or reckless companies.

Responding to backlash over his declaration, Kennedy clarified the HHS action does not: pave the way for new mRNA vaccines; provide Big Pharma with limitless liability protections; allow mandates of any kind; or apply to other medical products. Instead, it facilitates expanded access to favipiravir for hantavirus treatment and is limited to voluntary administration through July 18, 2026.

Kennedy stated: “Don’t believe Internet fearmongers. @HHSGov defends public health AND supports medical freedom — period.”