New York Attorney General Letitia James filed a federal lawsuit on October 6, 2026, challenging U.S. Health and Human Services Secretary Robert F. Kennedy Jr. over recent changes to the Centers for Disease Control and Prevention’s childhood immunization guidelines. The legal action seeks to reinstate the previous science-based vaccine schedule that was altered in January.
New York is joined by 15 other states in the coalition filing the suit. The attorneys general argue that the new schedule disregards established scientific evidence and bypasses mandatory procedures for expert review and public input. The lawsuit contends that these actions violate the Administrative Procedure Act.
Challenging ACIP Appointments
A central focus of the litigation is Secretary Kennedy’s restructuring of the CDC’s Advisory Committee on Immunization Practices (ACIP). In June 2025, Kennedy dismissed all 17 voting members of the committee. This move occurred despite prior assurances to Congress that he would not interfere with the panel’s operations.
The states allege that Kennedy replaced the ousted experts with appointees who lack the necessary qualifications or expertise in immunization science. Internal emails from the Department of Health and Human Services indicate that Kennedy requested a weakening of the hepatitis B recommendation for healthy children before the new committee members were officially seated.
In December 2025, the newly constituted panel voted to eliminate the recommendation for a hepatitis B vaccination dose at birth. That specific guideline had been part of standard medical practice since 1991. The lawsuit asks the court to reverse these appointments and invalidate the decisions made by the new committee.
Changes to Universal Recommendations
The January update to the CDC schedule removed universal recommendations for seven vaccines: rotavirus, meningococcal disease, hepatitis A, hepatitis B, influenza, COVID-19, and RSV. Most of these immunizations were shifted to a “shared clinical decision-making” category, which allows providers to recommend vaccines on a case-by-case basis rather than universally.
The coalition argues that the changes were implemented without proper procedural safeguards. Jim O’Neill, then-acting CDC Director, signed the new schedule into effect without conducting an expert review, issuing public notice, or allowing for public comment. Three senior officials—the heads of the National Institutes of Health, the Centers for Medicare & Medicaid Services, and the Food and Drug Administration—sent a memo to O’Neill urging the implementation of Kennedy’s preferred schedule.
Public Health Impact
The lawsuit highlights data regarding recent disease outbreaks to illustrate the potential risks of the new guidelines. During the 2024-25 flu season, which recorded the highest number of child flu deaths since reporting began outside of the 2009 pandemic, 289 children died from influenza. Nearly half of those fatalities occurred in children with no underlying medical conditions.
Among the deceased children whose vaccination status was known, 89 percent were not fully vaccinated. The complaint also notes that respiratory syncytial virus (RSV) sends up to 80,000 young children to hospitals annually. Additionally, researchers estimate that delaying the first hepatitis B dose by two months could result in at least 1,400 new childhood infections each year.
Routine childhood vaccinations have historically prevented an estimated 508 million cases of illness, 32 million hospitalizations, and 1.1 million deaths among children born between 1994 and 2023. These immunizations are credited with generating $2.7 trillion in societal savings.
New York State Protections
New York has recently enacted two laws designed to strengthen vaccine access and coverage. These measures address insurance coverage, school immunization requirements, Medicaid eligibility, and the authority of pharmacists to administer vaccines. The states argue that the federal changes undermine these state-level efforts to ensure broad immunization coverage.
The lawsuit seeks a court order declaring the new schedule unlawful and reversing the ACIP appointments. With 100 million Americans lacking regular access to a primary care provider, the coalition emphasizes the importance of clear, universal guidelines for preventive health measures.