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Arent Fox analyzes course of events that led to the CDC recommendation of members of the general public wearing face masks in public
April 9, 2020
By: Robert G. Edwards
Director of Regulatory Science, DC, Arent Fox
Arent Fox’s COVID-19 Task Force is sharing information and establishing best practices for clients, businesses, and governments who are responding to coronavirus issues. As recently as March 27, the WHO was stating on its website that there was insufficient evidence to suggest that the novel coronavirus was airborne except in a handful of medical cases, such as when intubating an infected patient. An April 2 article published online by the journal Nature reported this information and noted that “airborne” means carried in aerosols with particle sizes less than 5 micrometers (5 μm) in diameter that can linger or travel further in the air, as opposed to the larger, heavier droplets formed when someone sneezes or coughs and which rapidly fall to the ground or intervening surfaces. On April 1, Dr. Harvey Fineberg, chair of the Standing Committee on Emerging Infectious Diseases and 21st Century Health Threats of the National Academies of Sciences, Engineering and Medicine, and former president of the Institute of Medicine and Dean of Harvard’s Faculty of Public Health, wrote to Dr. Kelvin Droegemeier of the White House Office of Science and Technology Policy regarding the possibility that the novel coronavirus could be spread simply by a conversation in addition to sneezing and coughing. The letter summarized the limited quantity of recent scientific literature on the subject (discussed below), but concluded that the results were “consistent with aerosolization of virus from normal breathing.” However, it cautioned that the widely used RT-PCR test only detects viral RNA (the genetic contents of the virus particle) in air droplets and aerosols, so this does not necessarily equate with the presence of viable (“live”) virus in amounts sufficient to produce infection. The conclusions of Dr. Fineberg’s letter were widely reported in the press on April 2. On April 3, CDC, also citing new evidence from recent studies, published new guidance for the general public, reversing its previous stance and recommending the wearing of “cloth face coverings in public settings where other social distancing measures are difficult to maintain (e.g., grocery stores and pharmacies) especially in areas of significant community-based transmission.” The cloth face coverings could be made from household items or other common materials, but should not be surgical masks or N95 respirators, which must be reserved for health care workers and other first responders (and which are, in any case, now generally unobtainable by the general public). That same day, April 3, Nature Medicine published a Brief Communication by Leung et al. from the University of Hong Kong and the University of Maryland School of Public Health entitled “Respiratory virus shedding in exhaled breath and efficacy of face masks.” (Dr. Fineberg’s letter cited an earlier draft that had not yet been peer-reviewed.) From a group of 246 participants, 50% were randomly selected to wear a surgical face mask during a 30-minute collection of exhaled breath while the other 50% did not wear a mask. (The authors noted that surgical masks were originally introduced to prevent surgeons – the wearers – from passing infections to their patients, and their use was only later extended to protect health care workers from infections by their patients.) Of the 246 participants in the study, 50% (123) were infected with at least one respiratory virus, of which 90% (111) had among them:
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