Thanks to Eileen Dannemann for obtaining this memo from Iowa's Assistant Attorney General. It includes a very clear explanation from DHHS explaining the Public Readiness and Emergency Preparedness Act, Emergency Use Authorizations and Emergency Declarations in the context of H1N1 flu. Appended to it are a few additional comments from the Iowa AG's office.
This confirms all I have said about how PREPA precludes access to the legal system for injuries (unless willful misconduct can be proven) and how EUAs potentially allow mass use of products which may have had no human testing whatsoever.
What triggers these emergency laws to become active? All you need is the "potential" for a disease to cause a threat to national security. [Tell me how the Swine Flu is affecting national security, please... It isn't, obviously... The statutory bar for invoking these laws is set way too low.]