The Swiss Federal Office of Public Health (BAG) has published the unredacted procurement contracts for Moderna and Novavax COVID-19 vaccines following a court ruling, revealing that the federal government committed nearly one billion US dollars to these agreements.
The contracts, which became publicly accessible in April after the Federal Administrative Court’s decision gained legal force, include clauses that fully indemnify the manufacturers against liability, meaning the state assumes all costs related to damages or legal claims arising from the vaccines.
According to the Aktionsbündnis freie Schweiz, a legal review of the contracts conducted by lawyer Philipp Kruse — a member of the group — found no obligations on the manufacturers to deliver effective or safe products, despite the stated purpose of protecting public health during the pandemic.
The alliance denounced the federal procurement process as “grobfahrlässig” (grossly negligent) at a media conference in Bern, arguing that officials who signed such agreements without adequate safeguards must be held accountable when failures emerge.
SVP Nationalrat Rémy Wyssmann, who led the legal challenge against the BAG’s initial redactions, welcomed the transparency but criticized the substance of the deals, stating that those who review and sign such contracts blindly must answer for the consequences.
Wyssmann announced plans to submit three parliamentary motions in the upcoming special session, calling for stricter liability rules for federal officials and the full disclosure of all pandemic-related vaccine contracts, including those with Pfizer, Janssen, AstraZeneca, and CureVac.
The BAG defended its earlier reluctance to publish the contracts, arguing that full disclosure could weaken Switzerland’s negotiating position in future health crises, though it ultimately did not appeal the court’s decision to the Federal Supreme Court.
Blue News reported that the Moderna contract specifically obligated the BAG to make “reasonable best efforts” to block transparency requests, including informing Moderna within ten days of any access demand and jointly determining how to reject it — a provision described as an attempt to circumvent Switzerland’s longstanding freedom of information principles.
SRF noted that even as Moderna and BioNTech each generated approximately 20 billion US dollars in profits during the pandemic, the Swiss government’s expenditure of nearly one billion US dollars on Moderna and Novavax doses has reignited debate over vaccine pricing and corporate gains.
The outlet added that Moderna’s financial trajectory shifted sharply after 2022, with declining global demand causing a steep drop in its stock value — down nearly 90 percent from its 2021 peak — though it remains above its 2019 IPO level.
SRF also highlighted Lonza’s role in producing Moderna’s mRNA vaccine components in Switzerland, stating that the Wallis-based firm more than doubled its profits compared to pre-pandemic levels, reaching 1.2 billion US dollars in 2022 with public-sector support for expanding production lines.
Despite the financial success of vaccine producers, the Aktionsbündnis maintains that the absence of performance guarantees in the procurement deals represents a fundamental failure in public accountability, especially given the lack of recourse for adverse outcomes.
Wyssmann reiterated that future negotiations must prioritize Swiss interests and called for a moratorium on mRNA vaccines until clinical trials meet conventional scientific standards — a position echoed by the Aktionsbündnis in its recent media statement.
The BAG has not disputed the authenticity of the published contracts but maintains that liability shielding was necessary to secure timely vaccine access during the emergency phase of the pandemic.
What specific liability protections were included in the vaccine contracts?
The contracts fully exempted Moderna and Novavax from liability, obligating the Swiss government to cover all costs associated with damages or legal claims related to the vaccines.
Why did the BAG initially resist publishing the vaccine contracts?
The BAG argued that full disclosure would weaken Switzerland’s position in future vaccine procurement negotiations, citing concerns about international relations and negotiating leverage.
How much did Switzerland spend on Moderna and Novavax vaccines?
The federal government spent nearly one billion US dollars on procurement agreements with Moderna and Novavax for COVID-19 vaccines.
What role did Lonza play in the vaccine production process?
Lonza produced components for Moderna’s mRNA vaccine in Switzerland, benefiting from public-sector support to expand its facilities and more than doubling its profits to 1.2 billion US dollars in 2022 compared to pre-pandemic levels.