re: So where is the OSHA mandate?

quote:

---

legal distinction. Just as Tylenol and walgreens-labeled acetominaphen are "legally distinct" despite being made on the same assembly line and being otherwise totally identical.


Where are you reading this?

---

I don't need to read anything to know that two products, whether identical or not, that have different marketing names are legally distinct. There may not be an industry where this is as common as medicine and pharmaceuticals, which is why I don't understand how so many are confused by it.

quote:

---

Its a manufacturing hurdle, and nothing more.


Where are you reading this?

---

The FDA's formal notice of authorization to Pfizer states it:

quote:

---

Although COMIRNATY...is approved to prevent COVID-19 in individuals 16 years of age and older, there is not sufficient approved vaccine available for distribution to this population in its entirety

---

I know you desperately want this to be a thing, but it isn't. This distinction you are drawing between the two is effectively meaningless and has no bearing on the legality of OSHA's never-going-to-happen mandate.

OSHA can't issue the mandate because promulgating a rule requiring only a portion of the population to do something on an arbitrary basis (number of employs) is unconstitutional.