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U.S. Court Rules Against RFK Jr.’s Vaccine Policies
Case 1:25-cv-11916-BEM Document 291 Filed 03/16/26
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Milhoan, 50 Dr. James Pagano, Dr. Raymond Pollak, 52 -appear to lack any expertise or professional qualifications related to vaccines or immunization as required by ACIP’s Charter. See ACIP Membership Roster, supra note 16. An additional three of the current ACIP members Dr. Retsef Levi, 53 Dr. Robert Malone, 54 and Dr. Catherine Stein 55_though they have
50 Dr. Milhoan “is a pediatric cardiologist and former U.S. Air Force flight surgeon,” who “holds a Ph.D. in the mechanisms of myocardial inflammation.” ACIP Membership Roster, supra note 16. There is no evidence in the record that Dr. Milhoan has any relevant vaccine-related experience or expertise.
51 Dr. Pagano “is a board-certified emergency medicine physician with more than 40 years of clinical experience.” ACIP Membership Roster, supra note 16. There is no evidence in the record that Dr. Pagano has any relevant vaccine-related experience or expertise.
52 Dr. Pollak “is a surgeon, transplant immunobiologist, and transplant specialist who has published more than 120 peer-reviewed works and served as principal investigator on NIH transplant biology grants and numerous drug trials.” ACIP Membership Roster, supra note 16. There is no evidence in the record that Dr. Pollak has any relevant vaccine-related experience or expertise.
53 Defendants describe Dr. Levi, Professor of Operations Management at the MIT Sloan School of Management, as “a leading expert in healthcare analytics, supply chain and manufacturing analytics, risk management, and biologics and vaccine safety” and note that he has “collaborated with industry stakeholders and public health agencies to develop decision-support models to evaluate biologics and vaccine safety” and co-authored studies examining the association between mRNA COVID-19 vaccines and risks of cardiovascular disease, mortality, and adverse pregnancy outcomes.” ACIP Membership Roster, supra note 16. However, based on the current record, he has published only two papers discussing vaccines, and both of those were published mere months before his appointment. Retsef Levi, et al., Twelve-Month All-Cause Mortality after Initial COVID-19 Vaccination with Pfizer- BioNTech or mRNA-1273 among Adults Living in Florida, MedRxiv (Apr. 29, 2025), https://www.medrxiv.org/content/10.1101/2025.04.25.25326460v1 [https://perma.cc/NGN8-SARX] (cited at Compl. ¶77(g) n.53); Josh Guetzkow, et al., Observed-to-Expected Fetal Losses Following mRNA COVID-19 Vaccination in Early Pregnancy, MedRxiv (June 20, 2025), https://www.medrxiv.org/content/10.1101/2025.06.18.25329352v1.full- text [https://perma.cc/EKL3-ELMS] (cited at Compl. ¶ 77(g) n.53). Publishing two papers on a topic, while no doubt relevant to ACIP, likely does not rise to the level of “expertise” called for under ACIP governing documents. See Expertise, Black’s Law Dictionary (12th ed. 2024) (defining “expertise” as “[s]kill or knowledge in a particular subject; specialized experience that gives rise to a facility that comparatively few people possess”).
54 Defendants describe Dr. Malone, an adjunct professor at Pennington Biomedical Research Center, Louisiana State University, as “a vaccinologist, scientist, and biochemist known for his early contributions to mRNA vaccine technology” whose “expertise spans molecular biology, immunology, and vaccine development.” ACIP Membership Roster, supra note 16. The only evidence in the record of his experience related to vaccines is that he was involved in early research on mRNA technology in the 1980s and 1990s. See id. Even crediting that experience, the Court cannot conclude that this experience, thirty plus years ago, constitutes the requisite expertise necessary for ACIP today. Further, the scope of his role in that research is disputed, see Davey Alba, The Latest Covid Misinformation Star Says Не Invented the Vaccines, N.Y. Times (Apr. 3, 2022), https://www.nytimes.com/2022/04/03/technology/robert-malone-covid.html (cited at Compl. ¶ 77(h) n.59), which the Court need not resolve at this juncture.
55 Dr. Stein is a professor at Case Western Reserve University and “an epidemiologist with more than two decades of research experience on tuberculosis and infectious diseases and 115 peer reviewed publications.” ACIP Membership Roster, supra note 16. However, there is no evidence in the record that her experience and expertise relate to vaccines, vaccination, vaccine safety, or vaccine policy as to be relevant to ACIP’s function.
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Health
One common type of fat may increase diabetes risk, while another helps fight it
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A new review suggests that the type of fat you eat may affect your risk of developing type 2 diabetes.
Saturated fats rich in palmitic acid – the most common saturated fatty acid in U.S. foods – appear to make it harder for the body to respond to insulin.
Meanwhile, monounsaturated fats rich in oleic acid — such as those found in olive oil — may help protect against insulin resistance, the review concluded.
ONE TYPE OF OLIVE OIL HAS A SURPRISING EFFECT ON BRAINPOWER DURING AGING
“Palmitic acid is found in meats, dairy products, cocoa butter and in the form of palm oil in foods, including margarine, cereal, sweets, baked goods and fast foods,” Tanya Freirich, a registered dietitian nutritionist in Charlotte, North Carolina, told Fox News Digital. She was not involved in the review.
“Oleic acid, on the other hand, is in higher concentration in foods like olive oil, canola oil, nuts, sunflower seeds, eggs, olive, avocados and also in meats (beef, chicken, pork), milk, cheese and pasta.”
Saturated fats rich in palmitic acid – the most common saturated fatty acid in U.S. foods – appear to make it harder for the body to respond to insulin. (iStock)
The review, which was published in the journal Trends in Endocrinology & Metabolism, was led by researchers from the University of Barcelona and the CIBER Area for Diabetes and Associated Metabolic Diseases (CIBERDEM) in Spain.
The findings suggest that fat quality may be more important than total fat quantity when it comes to metabolic health and diabetes risk.
DIABETES RISK LINKED TO THESE ULTRAPROCESSED FOOD COMBINATIONS
This appears to support the idea that diets rich in monounsaturated fats, such as the Mediterranean diet, may contribute to lower rates of type 2 diabetes.
“Palmitic acid promotes several molecular processes that impair insulin action,” study investigator Dr. Manuel Vázquez-Carrera, from the Department of Pharmacology, Toxicology and Therapeutic Chemistry at the University of Barcelona, told Fox News Digital.
“Palmitic acid is found in meats, dairy products, cocoa butter and in the form of palm oil in foods, including margarine, cereal, sweets, baked goods and fast foods,” a nutritionist said. (iStock)
Too much palmitic acid can cause harmful fat byproducts to build up in the body, which can impair the body’s ability to respond to insulin, he warned. This makes it harder to control blood sugar and increases the risk of insulin resistance and type 2 diabetes.
“It also promotes inflammation, oxidative stress, mitochondrial dysfunction and cellular stress responses, which contribute to insulin resistance and β-cell dysfunction,” Vázquez-Carrera added.
VITAMIN SUPPLEMENT MAY DELAY DIABETES IN SELECT GROUPS, RESEARCHERS SAY
By contrast, oleic acid – a hallmark of the Mediterranean diet – does not have these harmful effects, according to the researcher.
“In fact, oleic acid can counteract many of the detrimental effects triggered by palmitic acid, by promoting the storage of fatty acids in relatively inert triglycerides, preserving mitochondrial function and reducing inflammation,” he said.
“All sources of fat in our diet contain a mix of saturated and unsaturated fatty acids.”
Freirich confirmed that the review is consistent with previous research supporting the use of olive oil in the diet for metabolic benefits.
“Also confirming previous research, the consumption of saturated fats is associated with some negative metabolic changes,” she told Fox News Digital.
THE WORST FOODS TO BUY IN THE SUPERMARKET AND THE BETTER CHOICES INSTEAD
Given the complexity of foods and diets, there is an overlap between foods that contain both types of fatty acids, the nutritionist noted.
“Palmitic acid and oleic acid can both be found in olive oil, baked goods and fast foods, in differing amounts,” she said. “All sources of fat in our diet contain a mix of saturated and unsaturated fatty acids.”
Study limitations
Vázquez-Carrera noted that these findings come from a review of numerous experimental, clinical and epidemiological studies rather than a single clinical trial.
“One important limitation is that much of the mechanistic evidence comes from cell culture and animal studies,” he said.
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“Although these studies provide valuable insights into how specific fatty acids affect insulin signaling, further human intervention studies are needed to confirm the extent to which these mechanisms operate in everyday dietary settings.”
In addition, many of the human studies in the review relied on self-reported dietary intake, which can introduce inaccuracies.
Type 2 diabetes develops over many years, with genetics, lifestyle and environmental factors all playing a role, the researcher noted. (iStock)
“Another challenge is that people consume foods containing complex mixtures of fatty acids and bioactive compounds rather than isolated fatty acids,” Vázquez-Carrera added. “Therefore, it remains difficult to fully disentangle the specific contribution of individual fatty acids in free-living populations.”
Nutritional recommendations
The review’s findings appear to support current dietary recommendations that emphasize replacing part of the saturated fat intake with unsaturated fats, according to Vázquez-Carrera.
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“This means favoring dietary patterns rich in foods such as extra-virgin olive oil, nuts, seeds, legumes, vegetables, fruits and fish, while limiting excessive consumption of foods rich in saturated fats, especially highly processed foods,” he advised.
The review does not suggest that a single nutrient alone determines diabetes risk, the researcher pointed out.
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“Rather, maintaining a healthy body weight, engaging in regular physical activity and following an overall healthy dietary pattern, such as the Mediterranean diet, remain fundamental strategies for preventing insulin resistance and type 2 diabetes.”
Type 2 diabetes develops over many years, with genetics, lifestyle and environmental factors all playing a role, Vázquez-Carrera noted.
Improving the quality of dietary fat intake could prove to be an effective strategy for reducing type 2 diabetes risk, the review suggests. (iStock)
“Future research should move beyond simply classifying fats as ‘good’ or ‘bad’ and instead focus on understanding how specific fatty acids, their dietary sources and their interactions within whole dietary patterns affect metabolic health,” he said.
Improving the quality of dietary fat intake could prove to be an effective strategy for reducing type 2 diabetes risk, according to the researcher.
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“A simple takeaway for consumers is to swap out foods high in saturated fat more often with foods rich in heart-healthy fats, like olive oil, nuts and avocados, to better support blood sugar and metabolic health,” advised New Jersey-based registered dietitian Erin Palinski-Wade, who was also not involved in the review.
Anyone at a higher risk for type 2 diabetes should consult a healthcare provider for personalized guidance on nutrition, exercise and other preventive measures, experts say.
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