Five years after Covid-19 lockdowns restricted outdoor activity, New York State has now released guidance that — bizarrely — lists “physical activity” as a medical risk factor for severe Covid-19. The September 5th directive, sent to pharmacists and physicians, lays out how to prescribe vaccines off-label for nearly all New Yorkers, even children as young as three, regardless of FDA authorizations.
The move raised alarms among physicians, watchdogs, and analysts. Critics noted they had never seen a Department of Health actively encourage off-label prescriptions before. Even more shocking was the guidance’s claim that ordinary physical activity constitutes a risk condition, directly contradicting decades of medical consensus on exercise and health. Some believe the phrase was a typo — meant to say “inactivity” — but the state has not clarified.
The episode comes as New York Governor Kathy Hochul issued an executive order expanding vaccine access, framed as a pushback against supposed “Trump-era restrictions.” Hochul’s order repeats disproven claims, such as vaccines stopping transmission — “especially among children” — and cites just one favorable study while ignoring contradictory evidence.
Overall, New York’s latest policies appear driven more by political narratives and industry ties than by updated, transparent science. The emphasis on universal vaccination, even for low-risk groups, stands in stark contrast to the risk-tiered approaches now being adopted in Europe and Canada.
New Guidance (Sept. 5, 2025)
New York DOH guidance lists “physical activity” as a condition increasing risk of severe Covid.
Encourages doctors and pharmacists to prescribe Covid vaccines off-label for all ages 3+.
First time observers recall a state DOH pushing off-label use of vaccines.
Criticism from Experts
Dr. Michelle (NY/NJ physician): shocked at exercise being labeled a health risk.
Kim Witczak (FDA advisory committee): warned about liability and lack of informed consent.
Analysts like Kelly Krohnert suspect “inactivity” was the intended word — but NY has not corrected it.
Regulatory Context
RFK Jr., as HHS Secretary, rescinded Emergency Use Authorizations (EUAs) but kept vaccines available by choice.
FDA now approves shots broadly for 65+, and for younger people with clear medical risks.
Marty Makary and Vinay Prasad advocate a “risk-tiered approach” rather than blanket mandates.
Governor Hochul’s Executive Order
Expanded pharmacist authority to vaccinate amid “uncertainty.”
Framed as resisting “Trump Administration attacks” on immunization.
Repeats disproven claims:
Vaccines prevent transmission.
Effectiveness “especially among children.”
Cites just one 2023 JAMA Pediatrics study, criticized for bias and lack of falsification endpoints.
Scientific Counterpoints
Hoeg, Makary, and Prasad rebutted the JAMA study in Epidemiology and Infection.
Found evidence of “healthy vaccinee bias” and higher odds of adverse events in vaccinated children in RCTs.
Highlighted lack of proper assessment of baseline health differences between groups.
Broader Concerns
New York’s policy appears politically motivated and pharma-friendly.
Ignores mounting evidence on limits of vaccine efficacy in healthy, low-risk groups.
Raises credibility questions by labeling exercise a “risk factor” for severe Covid.
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