House Bill 1515

AN ACT TO REQUIRE THE ATTORNEY GENERAL TO COMMENCE AN INVESTIGATION INTO THE ACTIVITIES OF PHARMACEUTICAL COMPANIES IN MISSISSIPPI RELATING TO THE DEVELOPMENT, PROMOTION AND DISTRIBUTION OF VACCINES PURPORTED TO PREVENT COVID-19 INFECTION, SYMPTOMS AND TRANSMISSION; TO DECLARE CERTAIN FINDINGS; TO SPECIFY CERTAIN CRIMINAL OFFENSES THAT MUST BE INCLUDED IN THE SCOPE OF THE INVESTIGATION; TO REQUIRE THE ATTORNEY GENERAL TO SUBMIT A STATUS REPORT TO THE LEGISLATURE BEFORE JANUARY 1 OF EACH YEAR THAT THE INVESTIGATION IS ONGOING, WHICH REPORT MAY NOT INCLUDE INFORMATION THAT IS CONFIDENTIAL OR POTENTIALLY THREATENING TO THE INTEGRITY OF THE INVESTIGATION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) The Legislature finds the following:

(a) The general welfare and well-being of citizens of this state depend in large measure upon the truth of advertisements, representations and suggestions publicly made by an industry selling or otherwise profiting from the distribution of a product in the state.

(b) Particularly important to the health of the state's citizenry is the necessity of being able to accept as truthful and scientifically supported information disseminated by pharmaceutical manufacturers relating to the effectiveness of a drug.

(c) Questions now exist regarding the veracity of representations made by the pharmaceutical manufacturers of COVID-19 vaccines, particularly with respect to transmission, prevention, efficacy and safety.

(d) In many instances, Mississippians were required to either take a COVID-19 vaccine or be terminated from their employment when the federal government, in reliance upon representations made by the pharmaceutical industry, mandated certain employers require employees to be vaccinated against COVID-19 as a condition of employment.

(2) The Legislature declares that, if found to be true, the alleged wrongful actions of pharmaceutical manufacturers in Mississippi relating to the development, promotion and distribution of vaccines purported to prevent COVID-19 infection, symptoms and transmission are criminal in nature and particularly egregious to the citizens of this state and the state as a whole, and as such, an extensive investigation by the state into the practices of the pharmaceutical industry relating to the COVID-19 vaccine is fully warranted.

(3) The Attorney General shall commence an investigation into activities in Mississippi relating to the development, promotion and distribution of vaccines purported to prevent COVID-19 infection, symptoms and transmission. The investigation must consider any crime or wrong that relates to the following:

(a) Persons and entities, including, but not limited to, pharmaceutical manufacturers and their executive officers, and other medical associations or organizations involved in the design, development, clinical testing or investigation, manufacture, marketing, representation, advertising, promotion, labeling, distribution, formulation, packing, sale, purchase, donation, dispensing, prescribing, administration or use of vaccines purported to prevent COVID-19 infection, symptoms and transmission; and

(b) Any other criminal activity or wrongdoing that is uncovered during the course of the investigation if the Attorney General determines that pursuing the criminal activity or wrongdoing is in the best interests of the investigation.

(4) Specifically, the scope of the investigation must be aimed to determine if a violation of any of the following offenses has occurred:

(a) Offenses affecting trade, business and professions (Chapter 23, Title 97, Mississippi Code of 1972), and particularly, Section 97-23-3, which prohibits untrue, deceptive or misleading advertising;

(b) Offenses involving false pretenses and cheats (Chapter 19, Title 97, Mississippi Code of 1972), and particularly, Section 97-19-83, which prohibits fraud by mail or other means of communication;

(c) Offenses under the Racketeer Influenced and Corrupt Organization Act (RICO) (Chapter 43, Title 97, Mississippi Code of 1972);

(d) Offenses of conspiracy, accessories and attempts (Chapter 1, Title 97, Mississippi Code of 1972); and

(e) Any other offense determined through the course of the investigation by the Attorney General to have allegedly occurred.

(5) In carrying out this investigation, the Attorney General shall exercise all subpoena powers and enforcement provisions expressly enumerated for conducting investigations under Section 7-5-59.

(6) Before January 1, 2025, and each succeeding year so long as the investigation continues, the Attorney General shall submit a report to the Legislature providing an update on the status of the investigation. However, any information deemed confidential or the release of which potentially would jeopardize the integrity of the investigation may not be included in the report.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.