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FDA ruled against by federal appeals court over anti-ivermectin messaging

"FDA can inform, but it has identified no authority allowing it to recommend consumers 'stop' taking medicine," the ruling reads.

Published: September 2, 2023 12:16pm

Updated: January 16, 2024 4:15pm

A federal appeals court ruled on Friday that the U.S. Food and Drug Administration (FDA) likely abused its authority when it used anti-ivermectin messaging to get Americans to not use it to treat COVID-19. 

"FDA can inform, but it has identified no authority allowing it to recommend consumers 'stop' taking medicine," according to the 5th U.S. Circuit Court of Appeals ruling written by Judge Don Willett, according to The Epoch Times.

The opinion reversed the district court's dismissal of the lawsuit and remanded it "to address standing and any other jurisdictional issues in the first instance," Willett wrote.

“FDA is not a physician. It has authority to inform, announce, and apprise—but not to endorse, denounce, or advise,” the ruling reads. 

Three doctors sued the agency over its statements on ivermectin, arguing the agency can't intervene on what doctors prescribe their patients. 

Plaintiff Mary Talley Bowen celebrated the Sept. 1 ruling on social media. 

“A small win, or at least a step forward, in a monumental battle to protect the doctor-patient relationship from government tyranny,” she wrote on X, the platform previously called Twitter. “ONWARD!”

Boyden Gray PLLC, the firm that represents the physicians that brought the complaint, also released a statement

“This case has broad implications for protecting the practice of medicine from unlawful interference by the FDA,” said Jared Kelson, Counsel at Boyden Gray PLLC. “It’s about ensuring that federal agencies act only within their statutory authority. The FDA crossed a bright line here.”

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