Missouri is suing China for $25 billion, accusing the Chinese government of hoarding personal protective equipment (PPE) during the early days of the COVID-19 pandemic. The lawsuit, filed by Missouri Attorney General Andrew Bailey, claims China’s actions significantly harmed the people of Missouri and disrupted the global pandemic response.
Bailey argues that the case is an opportunity to hold China accountable for its role in the pandemic. Critics contend that the lawsuit could set a new precedent, allowing the U.S. to be sued in Chinese courts.
The lawsuit’s origins and claims
The lawsuit was originally filed in 2020. Bailey accused China of covering up critical information about the virus and hoarding PPE, such as masks and ventilators, in the pandemic’s early days.
Bailey’s office claims China “thwarted the production, purchasing, and import and export of medical supplies.” As a result, Bailey said China’s actions caused “widespread harm” to Missouri residents.
Legal twists and court rulings
The case has faced legal hurdles. A district court judge dismissed the lawsuit, citing the 1976 Foreign Sovereign Immunities Act (FSIA), which typically shields foreign governments from prosecution in U.S. courts. However, the U.S. Court of Appeals revived part of the case in 2024. The court ruled that Missouri could pursue claims related to the hoarding of PPE but not allegations about China’s data cover-up.
The court categorized the PPE claims as an “antitrust claim” related to commercial activity, allowing the case to proceed.
China’s response and trial expectations
As the trial begins Monday, Jan. 27, reports suggest that China will not send a representative to court. The CCP has long dismissed lawsuits like Missouri’s as “very absurd” and lacking factual or legal basis.
China has also warned of potential retaliatory legal action. The country asserts that the U.S. could lose immunity in Chinese courts if these lawsuits continue.
In a Chinese diplomatic notice to the U.S. State Department regarding state cases against China, the CCP wrote it “does not accept and will not participate in such lawsuits … [i]f the U.S. side allows the frivolous lawsuits to proceed, the Chinese side reserves the right to take reciprocal countermeasures.”
If China does not show up in court, Missouri could win a default judgment, making it easier for the state to secure damages.
What’s at stake
The outcome of this case could have broad implications, with Missouri seeking to hold China financially responsible for its pandemic-related actions. If the court rules in Missouri’s favor, it could further inflame already-tense relations between the U.S. and China.