Court allows doctor’s lawsuit claiming FDA overstepped in anti-Ivermectin campaign.
The Food and Drug Administration’s Anti-Ivermectin Campaign Ruled Excessive by Federal Appeals Court
The Food and Drug Administration (FDA) faced criticism for its campaign against the use of ivermectin as a treatment for COVID-19, with a federal appeals court ruling that the FDA went too far. The ruling, reported by The Associated Press, did not assess the merits of the drug but allowed three doctors who sued the FDA to have their case heard.
The doctors, Drs. Robert L. Apter, Mary Talley Bowden, and Paul E. Marik, argued that the FDA’s campaign, which included social media messages mocking the use of ivermectin, exceeded the agency’s authority. They claimed that the campaign had harmed their reputations and resulted in professional consequences.
The suit had initially been dismissed by a District court, but the doctors appealed, and their victory on Friday sends the case back to a lower court for further consideration.
In a tweet, Dr. Mary Talley Bowden celebrated the ruling as a step forward in protecting the doctor-patient relationship from government interference.
“Even tweet-sized doses of personalized medical advice are beyond FDA’s statutory authority.”
A small win, or at least a step forward, in a monumental battle to protect the doctor-patient relationship from government tyranny. ONWARD! @RobertApter1 @drpaulmarik1 @emilymiller pic.twitter.com/lQTaxBzxn9
— Mary Talley Bowden MD (@MdBreathe) September 2, 2023
All three judges on the panel supported the ruling, emphasizing that the FDA’s role is to inform and apprise, not to endorse or advise. The ruling cited the Administrative Procedure Act and stated that even small doses of personalized medical advice are beyond the FDA’s statutory authority.
The FDA had argued that the Act gave it the power to make such comments, but the court disagreed, stating that the Act does not authorize the FDA to issue medical recommendations.
The court also noted that the FDA’s posts went beyond providing information and directed consumers to take specific actions, which exceeded the agency’s authority. The ruling highlighted the importance of protecting the practice of medicine from unlawful interference by the FDA.
Interesting
— Elon Musk (@elonmusk) September 3, 2023
The ruling has significant implications for ensuring that federal agencies operate within their statutory authority. Jared Kelson, the attorney for the doctors, stated that the FDA had crossed a bright line and that the case aims to protect the practice of medicine from unlawful interference.
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