An Australian doctor and pharmacist is seeking an injunction from the Federal Court to stop Pfizer and Moderna from distributing their mRNA Covid-19 vaccines

MELBOURNE, AUSTRALIA, July 29, 2023 /24-7PressRelease/ — The plaintiff, Dr Julian Fidge, alleges that Pfizer and Moderna’s mRNA Covid-19 vaccine products contain genetically modified organisms (GMOs), for which the companies did not obtain the appropriate licence before distributing the products in Australia.

The case was filed in the Federal Court of Australia in Melbourne on the 6th of July 2023 and is brought under the Gene Technology Act 2000. The Act requires that products containing GMOs must obtain a licence from the Office of the Gene Technology Regulator (OGTR) before they can be dealt with in Australia. ‘Dealt with’ means sale or distribution.

The case alleges that Pfizer and Moderna were reckless and negligent for failing to apply for the appropriate license from the OGTR before dealing with their mRNA Covid-19 vaccine products in Australia, amounting to a serious criminal offence.

The granting of provisional and/or full registration approvals for these products by the Therapeutic Goods Administration (TGA) does not cure these serious ongoing criminal offences.

The products relevant to the case include both the monovalent and the bivalent Covid-19 vaccines, COMIRNATY (Pfizer) and SPIKEVAX (Moderna).

With reference to the legal definition of GMOs per the Gene Technology Act 2000, it is alleged the GMO components of these products are:

1. The LNP-modRNA complexes; and,
2. Synthetic DNA (modDNA) contamination, also in the form of LNP-modDNA complexes.

Media inquiries:
Katie Ashby-Koppens of PJ O’Brien & Associates, instructing solicitor: [email protected]
Julian Gillespie, former barrister and legal advisor: [email protected]

More information and case documents:

Gene Technology Act 2000
GMO Defintion – section 10
Licence Requirement – section 40
Serious Criminal Offence – section 32s, 33 and 38

Federal Court, Australia
Melbourne Registry

Kevin McKernan:
Other Scientists:
Dr Phillip Buckhault:
Dr Sin hang Lee:

PJ O’Brien & Associates is a Sydney law firm specialising in criminal and civil litigation.

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