Federal court rules against FDA on anti-Ivermectin posts.
The FDA Overstepped Its Authority in Advising Against Ivermectin for COVID-19, Court Rules
In a recent ruling, a federal court determined that the U.S. Food and Drug Administration (FDA) likely exceeded its authority when it instructed Americans to “stop” using ivermectin as a treatment for COVID-19. U.S. Circuit Judge Don Willett stated that while the FDA has the power to provide information to consumers, it has no legal basis to recommend that individuals discontinue the use of a medication.
Questionable FDA Actions
During the COVID-19 pandemic, the FDA issued multiple statements discouraging the use of ivermectin against the virus. One social media post from the agency featured an image of a horse and urged people to refrain from using the drug, stating, ”You are not a horse. You are not a cow. Seriously, y’all. Stop it.” The FDA linked this post to a webpage titled “Why You Should Not Use Ivermectin to Treat or Prevent COVID-19.”
Legal Challenge and Ruling
Three doctors filed a lawsuit against the FDA, arguing that the agency overstepped its bounds by advising doctors on which drugs to prescribe. While the FDA claimed that its posts were merely informational and not directive, it also acknowledged that they contained recommendations and advice. Judge Willett emphasized that the FDA failed to provide any legal basis for issuing recommendations or medical advice.
The judge also criticized the FDA’s problematic update, which discouraged the use of ivermectin in its title but later mentioned that it could be taken if prescribed by a healthcare provider. According to Judge Willett, the qualifying statement did not diminish the forceful nature of the initial instruction.
Implications of the Ruling
This ruling challenges a previous decision by U.S. District Judge Jeffrey Brown, who dismissed the doctors’ lawsuit in 2022. Judge Willett asserted that the FDA does not have the authority to issue medical advice or recommendations, as explicitly stated in the Federal Food, Drug, and Cosmetic Act.
It remains to be seen how this ruling will impact the FDA’s communication with the public regarding medical treatments and recommendations. The case highlights the importance of clearly defining the boundaries of regulatory agencies and ensuring they operate within their designated authority.
" Conservative News Daily does not always share or support the views and opinions expressed here; they are just those of the writer."
*As an Amazon Associate I earn from qualifying purchases
