CDC regulations eliminated in the cruise capital as lines ponder their next moves

A federal appellate court has reversed its stance on the cruise rules set by the U.S. Centers for Disease Control and Prevention (CDC) in Florida, which mandated that U.S. cruise lines operate with at least 95% of passengers fully vaccinated or follow test sailing protocols. Nonetheless, most cruise lines have not eagerly embraced the opportunity for change yet.

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The ongoing narrative

Given the complexity of the situation, here’s a concise timeline of events that have transpired:

March 14, 2020: The CDC imposes a no-sail order for large cruise ships operating in U.S. waters.

October 31: The no-sail order is lifted and replaced by the CDC's Framework for Conditional Sailing Order (CSO), detailing the necessary steps for cruise lines to prepare their ships for sailing with passengers.

April 8, 2021: Florida Governor Ron DeSantis files a lawsuit against the CDC and the U.S. Department of Health and Human Services, asserting that the CDC's framework is excessive and obstructs the cruise industry's ability to resume operations in Florida.

June 18: After mediation efforts fail, Judge Steven D. Merryday of the Florida Middle District grants an injunction, allowing the CDC's conditional sailing requirements to end on July 18.

July 6: The CDC submits an appeal to the federal appellate court and requests a motion to stay enforcement of the ruling.

July 17: The court approves the CDC's motion to stay, allowing the agency's rules to remain in effect until the appeal can be heard.

July 23: A week later, the court overturns its earlier decision to grant the stay, stating that the CDC failed to prove its entitlement to such relief.

Implications for the cruise industry

The agency's initial appeal has yet to be reviewed by the federal appellate court, and the timeline for that remains uncertain. Meanwhile, the CSO is now merely a recommendation in Florida.

Although the CDC no longer enforces official rules in Florida, similar regulations remain in effect in other U.S. states where cruise ships operate, including Washington, Texas, New York, and Alaska.

Furthermore, prior to the CDC establishing its framework for safe operations, many of the industry's major players (including Norwegian Cruise Line, Royal Caribbean International, Celebrity Cruises, and others) joined forces to form the Healthy Sail Panel. This group, composed of scientists, medical experts, former government officials, cruise line leaders, and port stakeholders, created a list of 74 measures they believed would enable a safe restart of cruises. Many of these measures are also recommended by the CDC.

In essence, cruise lines do not require a government agency to dictate safe operational practices. They developed these protocols and were prepared to implement them months before any CDC mandates were established. The nearly year-and-a-half hiatus from consistent revenue has taught cruise lines the importance of prioritizing safety.

What the cruise lines are expressing

So far, nearly all leading cruise lines have informed TPG that they will not alter their protocols, regardless of whether the CDC's CSO is deemed a mandate or a suggestion.

The recent ruling from the 11th Circuit Court of Appeals is part of a larger legal battle that may take some time to resolve," a statement from Carnival Corporation—operator of Carnival Cruise Line, Princess Cruises, and Holland America Line—indicates. "As these issues are still under litigation, we plan to adhere to protocols aligned with CSO guidelines.

"Our top priority remains compliance... alongside the health, safety, and wellbeing of our guests, crew, shoreside staff, and the communities we visit."

Meanwhile, Royal Caribbean Group's brands, including Royal Caribbean International and Celebrity Cruises, are maintaining the CSO recommendations, as confirmed by Michael Bayley, CEO of Royal Caribbean International, in a Facebook post on July 23.

"And so it goes on!" he stated, sharing an article about the court's removal of the CDC regulations. "We will continue to voluntarily adhere to all CDC guidelines and recommendations."

Celebrity Cruises echoed that sentiment.

"Our situation remains unchanged," stated Susan Lomax, the line's AVP of global public relations and social media. "Since June, we've been sailing with robust and well-crafted protocols that have proven effective globally (and which you experienced firsthand). We have strong confidence in their efficacy and will continue to operate with our guests' and crew's health and safety as our top priority."

Disney Cruise Line also confirmed that there are no changes currently. DCL's Disney Dream completed the CDC-mandated test sailings last week and is set to launch U.S.-based operations on Aug. 9 from Port Canaveral, implementing a series of CDC-approved health and safety measures.

MSC Cruises and Norwegian Cruise Line have not yet responded to inquiries about potential protocol changes for sailing from Florida. However, this may be a moot point for now, as none of the three have resumed operations from U.S. waters.

Although MSC restarted revenue sailings in Europe last year, it won't recommence U.S. cruises until Aug. 2, when MSC Meraviglia will set sail from Miami.

Currently, NCL, which plans to resume voyages from Florida on Aug. 15, is the only cruise line committed to maintaining a 100% vaccination rate on board, even prohibiting children under 12 from sailing due to their inability to receive vaccinations.

In addition to his lawsuit against the CDC, DeSantis has also made it illegal for Florida businesses to require vaccination proof for services. This has created significant challenges for Norwegian in ensuring its commitment to full vaccination on board. To resolve this deadlock, Norwegian Cruise Line Holdings (the parent company of NCL) filed a lawsuit against Florida's surgeon general, claiming that current regulations hinder the safe restart of cruises.