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Pfizer-BioNTech: Letter of Authorization

Date
2021-05-10

Summary

Exhibit 3, Document 24-3 in Case 2:21-cv-00702-CLM in the U.S. District Court, N.D. of Alabama, filed September 16, 2021, is the May 10, 2021 letter of authorization from the FDA Chief Scientist to Pfizer Inc. The letter reissues the Emergency Use Authorization for the Pfizer-BioNTech COVID-19 Vaccine to cover individuals 12 through 15 years of age as well as those 16 years of age and older. It recounts the February 4, 2020 HHS emergency determination, the December 11, 2020 authorization and earlier reissuances, and summarizes the trial safety and efficacy data FDA reviewed. It sets out the criteria for issuance under Section 564(c) of the Act, the scope of authorization, the product description and a dosing regimen of two doses of 0.3 mL each, 3 weeks apart. The letter closes with conditions on printed matter and advertising and the duration of authorization.

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Full text

   Case 2:21-cv-00702-CLM Document 24-3 Filed 09/16/21 Page 1 of 11            FILED
                                                                      2021 Sep-16 AM 11:09
                                                                      U.S. DISTRICT COURT
                                                                          N.D. OF ALABAMA




                           Exhibit 3

  Pfizer-BioNTech: Letter of Authorization
from Denise M. Hinton, Chief Scientist, FDA,
        to Pfizer Inc. (May 10, 2021)
         Case 2:21-cv-00702-CLM Document 24-3 Filed 09/16/21 Page 2 of 11




                                                                                  May 10, 2021

Pfizer Inc.
Attention: Ms. Elisa Harkins
500 Arcola Road
Collegeville, PA 19426

Dear Ms. Harkins:

On February 4, 2020, pursuant to Section 564(b)(1)(C) of the Act, the Secretary of the
Department of Health and Human Services (HHS) determined that there is a public health
emergency that has a significant potential to affect national security or the health and security of
United States citizens living abroad, and that involves the virus that causes Coronavirus Disease
2019 (COVID-19).1 On the basis of such determination, the Secretary of HHS on March 27,
2020, declared that circumstances exist justifying the authorization of emergency use of drugs
and biological products during the COVID-19 pandemic, pursuant to Section 564 of the Federal
Food, Drug, and Cosmetic Act (the FD&C Act or the Act) (21 U.S.C. 360bbb-3), subject to
terms of any authorization issued under that section.2

On December 11, 2020, the Food and Drug Administration (FDA) issued an Emergency Use
Authorization (EUA) for emergency use of Pfizer-BioNTech COVID‑19 Vaccine for the
prevention of COVID-19 for individuals 16 years of age and older pursuant to Section 564 of the
Act. FDA reissued the letter of authorization twice: December 23, 20203 and February 25, 2021.4

1
  U.S. Department of Health and Human Services, Determination of a Public Health Emergency and Declaration
that Circumstances Exist Justifying Authorizations Pursuant to Section 564(b) of the Federal Food, Drug, and
Cosmetic Act, 21 U.S.C. § 360bbb-3. February 4, 2020.
2
 U.S. Department of Health and Human Services, Declaration that Circumstances Exist Justifying Authorizations
Pursuant to Section 564(b) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 360bbb-3, 85 FR 18250
(April 1, 2020).
3
  In the December 23, 2020 revision, FDA removed reference to the number of doses per vial after dilution from the
letter of authorization, clarified the instructions for vaccination providers reporting to VAERS, and made other
technical corrections. FDA also revised the Fact Sheet for Healthcare Providers Administering Vaccine
(Vaccination Providers) to clarify the number of doses of vaccine per vial after dilution and the instructions for
reporting to VAERS. In addition, the Fact Sheet for Healthcare Providers Administering Vaccine (Vaccination
Providers) and the Fact Sheet for Recipients and Caregivers were revised to include additional information on safety
monitoring and to clarify information about the availability of other COVID-19 vaccines.
4
  In the February 25, 2021 revision, FDA allowed flexibility on the date of submission of monthly periodic safety
reports and revised the requirements for reporting of vaccine administration errors by Pfizer Inc. The Fact Sheet for
Health Care Providers Administering Vaccine (Vaccination Providers) was revised to provide an update to the
storage and transportation temperature for frozen vials, direct the provider to the correct CDC website for
information on monitoring vaccine recipients for the occurrence of immediate adverse reactions, to include data
from a developmental toxicity study, and add adverse reactions that have been identified during post authorization
use. The Fact Sheet for Recipients and Caregivers was revised to add adverse reactions that have been identified
during post authorization use.
        Case 2:21-cv-00702-CLM Document 24-3 Filed 09/16/21 Page 3 of 11

Page 2 – Pfizer Inc.



On May 10, 2021, having concluded that revising this EUA is appropriate to protect the public
health or safety under section 564(g)(2) of the Act, FDA again is reissuing the letter in its
entirety to authorize emergency use of Pfizer-BioNTech COVID‑19 Vaccine for the prevention
of COVID-19 for individuals 12 through 15 years of age, as well as for individuals 16 years of
age and older. With authorization of Pfizer-BioNTech COVID‑19 Vaccine for the prevention of
COVID-19 in individuals 12 through 15 years of age, the Fact Sheet for Healthcare Providers
Administering Vaccine (Vaccination Providers) is being revised to include the following
Warning: “Syncope (fainting) may occur in association with administration of injectable
vaccines, in particular in adolescents. Procedures should be in place to avoid injury from
fainting.” The Fact Sheet for Recipients and Caregivers is being revised to instruct vaccine
recipients or their caregivers to tell the vaccination provider about fainting in association with a
previous injection.

Pfizer-BioNTech COVID‑19 Vaccine is for use for active immunization to prevent COVID-19
caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in individuals 12
years of age and older. The vaccine contains a nucleoside-modified messenger RNA (modRNA)
encoding the viral spike (S) glycoprotein of SARS-CoV-2 formulated in lipid particles. It is an
investigational vaccine not licensed for any indication.

For the December 11, 2020 authorization for individuals 16 years of age and older, FDA
reviewed safety and efficacy data from an ongoing phase 1/2/3 trial in approximately 44,000
participants randomized 1:1 to receive Pfizer-BioNTech COVID‑19 Vaccine or saline control.
The trial has enrolled participants 12 years of age and older. FDA’s review at that time
considered the safety and effectiveness data as they relate to the request for emergency use
authorization in individuals 16 years of age and older. FDA’s review of the available safety data
from 37,586 of the participants 16 years of age and older, who were followed for a median of
two months after receiving the second dose, did not identify specific safety concerns that would
preclude issuance of an EUA. FDA’s analysis of the available efficacy data from 36,523
participants 12 years of age and older without evidence of SARS-CoV-2 infection prior to 7 days
after dose 2 confirmed the vaccine was 95% effective (95% credible interval 90.3, 97.6) in
preventing COVID-19 occurring at least 7 days after the second dose (with 8 COVID-19 cases in
the vaccine group compared to 162 COVID-19 cases in the placebo group). Based on these data,
and review of manufacturing information regarding product quality and consistency, FDA
concluded that it is reasonable to believe that Pfizer-BioNTech COVID‑19 Vaccine may be
effective. Additionally, FDA determined it is reasonable to conclude, based on the totality of the
scientific evidence available, that the known and potential benefits of Pfizer-BioNTech
COVID‑19 Vaccine outweigh the known and potential risks of the vaccine, for the prevention of
COVID-19 in individuals 16 years of age and older. Finally, on December 10, 2020, the
Vaccines and Related Biological Products Advisory Committee voted in agreement with this
conclusion.

For the May 10, 2021 authorization for individuals 12 through 15 years of age, FDA reviewed
safety and effectiveness data from the above-referenced, ongoing Phase 1/2/3 trial that has
enrolled approximately 46,000 participants, including 2,260 participants 12 through 15 years of
age. Trial participants were randomized 1:1 to receive Pfizer-BioNTech COVID-19 Vaccine or
           Case 2:21-cv-00702-CLM Document 24-3 Filed 09/16/21 Page 4 of 11

Page 3 – Pfizer Inc.


saline control. FDA’s review of the available safety data from 2,260 participants 12 through 15
years of age, who were followed for a median of 2 months after receiving the second dose, did
not identify specific safety concerns that would preclude issuance of an EUA. FDA’s analysis of
SARS-CoV-2 50% neutralizing antibody titers 1 month after the second dose of Pfizer-
BioNTech COVID-19 Vaccine in a subset of participants who had no serological or virological
evidence of past SARS-CoV-2 infection confirm the geometric mean antibody titer in
participants 12 through 15 years of age was non-inferior to the geometric mean antibody titer in
participants 16 through 25 years of age. FDA’s analysis of available descriptive efficacy data
from 1,983 participants 12 through 15 years of age without evidence of SARS-CoV-2 infection
prior to 7 days after dose 2 confirm that the vaccine was 100% effective (95% confidence
interval 75.3, 100.0) in preventing COVID-19 occurring at least 7 days after the second dose
(with no COVID-19 cases in the vaccine group compared to 16 COVID-19 cases in the placebo
group). Based on these data, FDA concluded that it is reasonable to believe that Pfizer-BioNTech
COVID‑19 Vaccine may be effective in individuals 12 through 15 years of age. Additionally,
FDA determined it is reasonable to conclude, based on the totality of the scientific evidence
available, that the known and potential benefits of Pfizer-BioNTech COVID‑19 Vaccine
outweigh the known and potential risks of the vaccine, for the prevention of COVID-19 in
individuals 12 through 15 years of age.

Having concluded that the criteria for issuance of this authorization under Section 564(c) of the
Act are met, I am authorizing the emergency use of Pfizer-BioNTech COVID‑19 Vaccine for the
prevention of COVID-19, as described in the Scope of Authorization section of this letter
(Section II) and subject to the terms of this authorization.

I.         Criteria for Issuance of Authorization

I have concluded that the emergency use of Pfizer-BioNTech COVID‑19 Vaccine for the
prevention of COVID-19 when administered as described in the Scope of Authorization (Section
II) meets the criteria for issuance of an authorization under Section 564(c) of the Act, because:

          1. SARS-CoV-2 can cause a serious or life-threatening disease or condition, including
             severe respiratory illness, to humans infected by this virus;

          2. Based on the totality of scientific evidence available to FDA, it is reasonable to believe
             that Pfizer-BioNTech COVID‑19 Vaccine may be effective in preventing COVID-19,
             and that, when used under the conditions described in this authorization, the known and
             potential benefits of Pfizer-BioNTech COVID‑19 Vaccine when used to prevent
             COVID-19 outweigh its known and potential risks; and

          3. There is no adequate, approved, and available alternative to the emergency use of
             Pfizer-BioNTech COVID‑19 Vaccine to prevent COVID-19.5

II.        Scope of Authorization


5
    No other criteria of issuance have been prescribed by regulation under Section 564(c)(4) of the Act.
         Case 2:21-cv-00702-CLM Document 24-3 Filed 09/16/21 Page 5 of 11

Page 4 – Pfizer Inc.


I have concluded, pursuant to Section 564(d)(1) of the Act, that the scope of this authorization is
limited as follows:

              •    Pfizer Inc. will supply Pfizer-BioNTech COVID‑19 Vaccine either directly or
                   through authorized distributor(s)6, to emergency response stakeholders7 as
                   directed by the U.S. government, including the Centers for Disease Control and
                   Prevention (CDC) and/or other designee, for use consistent with the terms and
                   conditions of this EUA;
              •    The Pfizer-BioNTech COVID‑19 Vaccine covered by this authorization will be
                   administered by vaccination providers8 and used only to prevent COVID-19 in
                   individuals ages 12 and older; and
              •    Pfizer-BioNTech COVID‑19 Vaccine may be administered by a vaccination
                   provider without an individual prescription for each vaccine recipient.

Product Description

The Pfizer-BioNTech COVID-19 Vaccine is supplied as a frozen suspension in multiple dose
vials; each vial must be diluted with 1.8 mL of sterile 0.9% Sodium Chloride Injection, USP
prior to use to form the vaccine. The Pfizer-BioNTech COVID-19 Vaccine does not contain a
preservative.

Each 0.3 mL dose of the Pfizer-BioNTech COVID-19 Vaccine contains 30 mcg of a nucleoside-
modified messenger RNA (modRNA) encoding the viral spike (S) glycoprotein of SARS-CoV-2.
6
 “Authorized Distributor(s)” are identified by Pfizer Inc. or, if applicable, by a U.S. government entity, such as the
Centers for Disease Control and Prevention (CDC) and/or other designee, as an entity or entities allowed to
distribute authorized Pfizer-BioNTech COVID‑19 Vaccine.
7
  For purposes of this letter, “emergency response stakeholder” refers to a public health agency and its delegates that
have legal responsibility and authority for responding to an incident, based on political or geographical boundary
lines (e.g., city, county, tribal, territorial, State, or Federal), or functional (e.g., law enforcement or public health
range) or sphere of authority to administer, deliver, or distribute vaccine in an emergency situation. In some cases
(e.g., depending on a state or local jurisdiction’s COVID-19 vaccination response organization and plans), there
might be overlapping roles and responsibilities among “emergency response stakeholders” and “vaccination
providers” (e.g., if a local health department is administering COVID-19 vaccines; if a pharmacy is acting in an
official capacity under the authority of the state health department to administer COVID-19 vaccines). In such cases,
it is expected that the conditions of authorization that apply to emergency response stakeholders and vaccination
providers will all be met.
8
  For purposes of this letter, “vaccination provider” refers to the facility, organization, or healthcare provider
licensed or otherwise authorized by the emergency response stakeholder (e.g., non-physician healthcare
professionals, such as nurses and pharmacists pursuant to state law under a standing order issued by the state health
officer) to administer or provide vaccination services in accordance with the applicable emergency response
stakeholder’s official COVID-19 vaccination and emergency response plan(s) and who is enrolled in the CDC
COVID-19 Vaccination Program. For purposes of this letter, “healthcare provider” also refers to a person authorized
by the U.S. Department of Health and Human Services (e.g., under the PREP Act Declaration for Medical
Countermeasures against COVID-19) to administer FDA-authorized COVID-19 vaccine (e.g., qualified pharmacy
technicians and State-authorized pharmacy interns acting under the supervision of a qualified pharmacist). See, e.g.,
HHS. Fourth Amendment to the Declaration Under the Public Readiness and Emergency Preparedness Act for
Medical Countermeasures Against COVID-19 and Republication of the Declaration. 85 FR 79190 (December 9,
2020).
        Case 2:21-cv-00702-CLM Document 24-3 Filed 09/16/21 Page 6 of 11

Page 5 – Pfizer Inc.


Each dose of the Pfizer-BioNTech COVID-19 Vaccine also includes the following ingredients:
lipids (0.43 mg (4-hydroxybutyl)azanediyl)bis(hexane-6,1-diyl)bis(2-hexyldecanoate), 0.05 mg
2[(polyethylene glycol)-2000]-N,N-ditetradecylacetamide, 0.09 mg 1,2-distearoyl-sn-glycero-3-
phosphocholine, and 0.2 mg cholesterol), 0.01 mg potassium chloride, 0.01 mg monobasic
potassium phosphate, 0.36 mg sodium chloride, 0.07 mg dibasic sodium phosphate dihydrate,
and 6 mg sucrose. The diluent (0.9% Sodium Chloride Injection) contributes an additional 2.16
mg sodium chloride per dose.

The dosing regimen is two doses of 0.3 mL each, 3 weeks apart.

The manufacture of the authorized Pfizer-BioNTech COVID‑19 Vaccine is limited to those
facilities identified and agreed upon in Pfizer’s request for authorization.

The Pfizer-BioNTech COVID-19 Vaccine vial label and carton labels are clearly marked for
“Emergency Use Authorization.” The Pfizer-BioNTech COVID‑19 Vaccine is authorized to be
distributed, stored, further redistributed, and administered by emergency response stakeholders
when packaged in the authorized manufacturer packaging (i.e., vials and cartons), despite the
fact that the vial and carton labels may not contain information that otherwise would be required
under the FD&C Act.

Pfizer-BioNTech COVID‑19 Vaccine is authorized for emergency use with the following
product-specific information required to be made available to vaccination providers and
recipients, respectively (referred to as “authorized labeling”):

   •   Fact Sheet for Healthcare Providers Administering Vaccine (Vaccination Providers):
       Emergency Use Authorization (EUA) of Pfizer-BioNTech COVID‑19 Vaccine to Prevent
       Coronavirus Disease 2019 (COVID-19)

   •   Fact Sheet for Recipients and Caregivers: Emergency Use Authorization (EUA) of
       Pfizer-BioNTech COVID‑19 Vaccine to Prevent Coronavirus Disease 2019 (COVID-19)
       in Individuals 12 Years of Age and Older

I have concluded, pursuant to Section 564(d)(2) of the Act, that it is reasonable to believe that
the known and potential benefits of Pfizer-BioNTech COVID‑19 Vaccine, when used to prevent
COVID-19 and used in accordance with this Scope of Authorization (Section II), outweigh its
known and potential risks.

I have concluded, pursuant to Section 564(d)(3) of the Act, based on the totality of scientific
evidence available to FDA, that it is reasonable to believe that Pfizer-BioNTech COVID‑19
Vaccine may be effective in preventing COVID-19 when used in accordance with this Scope of
Authorization (Section II), pursuant to Section 564(c)(2)(A) of the Act.

Having reviewed the scientific information available to FDA, including the information
supporting the conclusions described in Section I above, I have concluded that Pfizer-BioNTech
COVID‑19 Vaccine (as described in this Scope of Authorization (Section II)) meets the criteria set
forth in Section 564(c) of the Act concerning safety and potential effectiveness.
        Case 2:21-cv-00702-CLM Document 24-3 Filed 09/16/21 Page 7 of 11

Page 6 – Pfizer Inc.



The emergency use of Pfizer-BioNTech COVID‑19 Vaccine under this EUA must be consistent
with, and may not exceed, the terms of the Authorization, including the Scope of Authorization
(Section II) and the Conditions of Authorization (Section III). Subject to the terms of this EUA and
under the circumstances set forth in the Secretary of HHS's determination under Section
564(b)(1)(C) described above and the Secretary of HHS’s corresponding declaration under Section
564(b)(1), Pfizer-BioNTech COVID‑19 Vaccine is authorized to prevent COVID-19 in individuals
12 years of age and older as described in the Scope of Authorization (Section II) under this EUA,
despite the fact that it does not meet certain requirements otherwise required by applicable federal
law.

III.    Conditions of Authorization

Pursuant to Section 564 of the Act, I am establishing the following conditions on this authorization:

Pfizer Inc. and Authorized Distributor(s)

           A. Pfizer Inc. and authorized distributor(s) will ensure that the authorized Pfizer-
              BioNTech COVID‑19 Vaccine is distributed, as directed by the U.S. government,
              including CDC and/or other designee, and the authorized labeling (i.e., Fact Sheets)
              will be made available to vaccination providers, recipients, and caregivers consistent
              with the terms of this letter.

           B. Pfizer Inc. and authorized distributor(s) will ensure that appropriate storage and cold
              chain is maintained until delivered to emergency response stakeholders’ receipt sites.

           C. Pfizer Inc. will ensure that the terms of this EUA are made available to all relevant
              stakeholders (e.g., emergency response stakeholders, authorized distributors, and
              vaccination providers) involved in distributing or receiving authorized Pfizer-
              BioNTech COVID‑19 Vaccine. Pfizer Inc. will provide to all relevant stakeholders a
              copy of this letter of authorization and communicate any subsequent amendments that
              might be made to this letter of authorization and its authorized labeling.

           D. Pfizer Inc. may develop and disseminate instructional and educational materials (e.g.,
              video regarding vaccine handling, storage/cold-chain management, preparation,
              disposal) that are consistent with the authorized emergency use of the vaccine as
              described in the letter of authorization and authorized labeling, without FDA’s review
              and concurrence, when necessary to meet public health needs during an emergency.
              Any instructional and educational materials that are inconsistent with the authorized
              labeling are prohibited.

           E. Pfizer Inc. may request changes to this authorization, including to the authorized Fact
              Sheets for the Pfizer COVID-19 Vaccine. Any request for changes to this EUA must
              be submitted to Office of Vaccines Research and Review (OVRR)/Center for
         Case 2:21-cv-00702-CLM Document 24-3 Filed 09/16/21 Page 8 of 11

Page 7 – Pfizer Inc.


                 Biologics Evaluation and Research (CBER). Such changes require appropriate
                 authorization prior to implementation.9

            F. Pfizer Inc. will report to Vaccine Adverse Event Reporting System (VAERS):
               • Serious adverse events (irrespective of attribution to vaccination);
               • Cases of Multisystem Inflammatory Syndrome in children and adults; and
               • Cases of COVID-19 that result in hospitalization or death, that are reported to
                   Pfizer Inc.
               These reports should be submitted to VAERS as soon as possible but no later than
               15 calendar days from initial receipt of the information by Pfizer Inc.

            G. Pfizer Inc. must submit to Investigational New Drug application (IND) number
               19736 periodic safety reports at monthly intervals in accordance with a due date
               agreed upon with the Office of Biostatistics and Epidemiology (OBE)/CBER
               beginning after the first full calendar month after authorization. Each periodic safety
               report is required to contain descriptive information which includes:
               • A narrative summary and analysis of adverse events submitted during the
                   reporting interval, including interval and cumulative counts by age groups, special
                   populations (e.g., pregnant women), and adverse events of special interest;
               • A narrative summary and analysis of vaccine administration errors, whether or
                   not associated with an adverse event, that were identified since the last reporting
                   interval;
               • Newly identified safety concerns in the interval; and
               • Actions taken since the last report because of adverse experiences (for example,
                   changes made to Healthcare Providers Administering Vaccine (Vaccination
                   Providers) Fact Sheet, changes made to studies or studies initiated).

            H. No changes will be implemented to the description of the product, manufacturing
               process, facilities, or equipment without notification to and concurrence by the
               Agency.

            I. All manufacturing facilities will comply with Current Good Manufacturing Practice
               requirements.

            J. Pfizer Inc. will submit to the EUA file Certificates of Analysis (CoA) for each drug
               product lot at least 48 hours prior to vaccine distribution. The CoA will include the
               established specifications and specific results for each quality control test performed
               on the final drug product lot.
9
  The following types of revisions may be authorized without reissuing this letter: (1) changes to the authorized
labeling; (2) non-substantive editorial corrections to this letter; (3) new types of authorized labeling, including new
fact sheets; (4) new carton/container labels; (5) expiration dating extensions; (6) changes to manufacturing
processes, including tests or other authorized components of manufacturing; (7) new conditions of authorization to
require data collection or study. For changes to the authorization, including the authorized labeling, of the type
listed in (3), (6), or (7), review and concurrence is required from the Preparedness and Response Team
(PREP)/Office of the Center Director (OD)/CBER and the Office of Counterterrorism and Emerging Threats
(OCET)/Office of the Chief Scientist (OCS).
       Case 2:21-cv-00702-CLM Document 24-3 Filed 09/16/21 Page 9 of 11

Page 8 – Pfizer Inc.



          K. Pfizer Inc. will submit to the EUA file quarterly manufacturing reports that include a
             listing of all Drug Substance and Drug Product lots produced after issuance of this
             authorization. This report must include lot number, manufacturing site, date of
             manufacture, and lot disposition, including those lots that were quarantined for
             investigation or those lots that were rejected. Information on the reasons for lot
             quarantine or rejection must be included in the report. The first report is due July
             2021.

          L. Pfizer Inc. and authorized distributor(s) will maintain records regarding release of
             Pfizer-BioNTech COVID‑19 Vaccine for distribution (i.e., lot numbers, quantity,
             release date).

          M. Pfizer Inc. and authorized distributor(s) will make available to FDA upon request any
             records maintained in connection with this EUA.

          N. Pfizer Inc. will conduct post-authorization observational studies to evaluate the
             association between Pfizer-BioNTech COVID-19 Vaccine and a pre-specified list of
             adverse events of special interest, along with deaths and hospitalizations, and severe
             COVID-19. The study population should include individuals administered the
             authorized Pfizer-BioNTech COVID-19 Vaccine under this EUA in the general U.S.
             population (12 years of age and older), populations of interest such as healthcare
             workers, pregnant women, immunocompromised individuals, subpopulations with
             specific comorbidities. The studies should be conducted in large scale databases with
             an active comparator. Pfizer Inc. will provide protocols and status update reports to
             the IND 19736 with agreed-upon study designs and milestone dates.

Emergency Response Stakeholders

          O. Emergency response stakeholders will identify vaccination sites to receive authorized
             Pfizer-BioNTech COVID‑19 Vaccine and ensure its distribution and administration,
             consistent with the terms of this letter and CDC’s COVID-19 Vaccination Program.

          P. Emergency response stakeholders will ensure that vaccination providers within their
             jurisdictions are aware of this letter of authorization, and the terms herein and any
             subsequent amendments that might be made to the letter of authorization, instruct
             them about the means through which they are to obtain and administer the vaccine
             under the EUA, and ensure that the authorized labeling [i.e., Fact Sheet for Healthcare
             Providers Administering Vaccine (Vaccination Providers) and Fact Sheet for
             Recipients and Caregivers] is made available to vaccination providers through
             appropriate means (e.g., e-mail, website).

          Q. Emergency response stakeholders receiving authorized Pfizer-BioNTech COVID‑19
             Vaccine will ensure that appropriate storage and cold chain is maintained.

Vaccination Providers
       Case 2:21-cv-00702-CLM Document 24-3 Filed 09/16/21 Page 10 of 11

Page 9 – Pfizer Inc.



          R. Vaccination providers will administer the vaccine in accordance with the
             authorization and will participate and comply with the terms and training required by
             CDC’s COVID-19 Vaccination Program.

          S. Vaccination providers will provide the Fact Sheet for Recipients and Caregivers to
             each individual receiving vaccination and provide the necessary information for
             receiving their second dose.

          T. Vaccination providers administering Pfizer-BioNTech COVID‑19 Vaccine must
             report the following information associated with the administration of Pfizer-
             BioNTech COVID‑19 Vaccine of which they become aware to VAERS in
             accordance with the Fact Sheet for Healthcare Providers Administering Vaccine
             (Vaccination Providers):
             • Vaccine administration errors whether or not associated with an adverse event
             • Serious adverse events (irrespective of attribution to vaccination)
             • Cases of Multisystem Inflammatory Syndrome in children and adults
             • Cases of COVID-19 that result in hospitalization or death
              Complete and submit reports to VAERS online at
              https://vaers.hhs.gov/reportevent.html. The VAERS reports should include the
              words “Pfizer-BioNTech COVID‑19 Vaccine EUA” in the description section of
              the report. More information is available at vaers.hhs.gov or by calling 1-800-822-
              7967. To the extent feasible, report to Pfizer Inc. by contacting 1-800-438-1985 or
              by providing a copy of the VAERS form to Pfizer Inc.; Fax: 1-866-635-8337.
          U. Vaccination providers will conduct any follow-up requested by the U.S
             government, including CDC, FDA, or other designee, regarding adverse events to
             the extent feasible given the emergency circumstances.

          V. Vaccination providers will monitor and comply with CDC and/or emergency
             response stakeholder vaccine management requirements (e.g., requirements
             concerning obtaining, tracking, and handling vaccine) and with requirements
             concerning reporting of vaccine administration data to CDC.

          W. Vaccination providers will ensure that any records associated with this EUA are
             maintained until notified by FDA. Such records will be made available to CDC,
             and FDA for inspection upon request.
       Case 2:21-cv-00702-CLM Document 24-3 Filed 09/16/21 Page 11 of 11

Page 10 – Pfizer Inc.



Conditions Related to Printed Matter, Advertising, and Promotion

          X. All descriptive printed matter, advertising, and promotional material, relating to the
             use of the Pfizer-BioNTech COVID‑19 Vaccine shall be consistent with the
             authorized labeling, as well as the terms set forth in this EUA, and meet the
             requirements set forth in section 502(a) and (n) of the FD&C Act and FDA
             implementing regulations.

          Y. All descriptive printed matter, advertising, and promotional material relating to the
             use of the Pfizer-BioNTech COVID‑19 Vaccine clearly and conspicuously shall state
             that:
               • This product has not been approved or licensed by FDA, but has been
                   authorized for emergency use by FDA, under an EUA to prevent Coronavirus
                   Disease 2019 (COVID-19) for use in individuals 12 years of age and older; and
               • The emergency use of this product is only authorized for the duration of the
                   declaration that circumstances exist justifying the authorization of emergency
                   use of the medical product under Section 564(b)(1) of the FD&C Act unless the
                   declaration is terminated or authorization revoked sooner.

IV.    Duration of Authorization

This EUA will be effective until the declaration that circumstances exist justifying the
authorization of the emergency use of drugs and biological products during the COVID-19
pandemic is terminated under Section 564(b)(2) of the Act or the EUA is revoked under Section
564(g) of the Act.

                                               Sincerely,

                                                       --/S/--

                                               ____________________________
                                               RADM Denise M. Hinton
                                               Chief Scientist
                                               Food and Drug Administration


Enclosures


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