A federal court rules against the FDA for "recommending" not to consume ivermectin against covid
Judge Don Willet ruled that the agency has the power to inform consumers about health issues. But it does not have the authority to advise them.
Felton Davis / Flickr.
A federal court ruled that the Food and Drug Administration (FDA) exceeded its authority when it advised citizens to stop using the drug ivermectin to treat covid-19. Judge Don Willet ruled in the ruling:
Fifth Circuit Ruling in Ivermectin Case by Verónica Silveri on Scribd
In 2021, the FDA made a post on Twitter, now X, where it advised citizens to stop using the drug to treat coronavirus symptoms:
The link in the post leads to an article on the agency's website titled: "Why You Shouldn't Use Ivermectin to Treat or Prevent COVID-19." In the text, the FDA echoes the consequences of ivermectin – in doses higher than recommended – on the health of humans:
Ivermectin is a drug that is approved by the agency as an antiparasitic for humans and animals.
A legal battle initiated by three doctors
The ruling is a new turn in a legal battle brought by three doctors who sued the FDA arguing that its publications on ivermectin advised professionals on which drugs to prescribe. These actions exceed the agency's powers, according to the plaintiffs.
The Federal Food, Drug, and Cosmetic Act gives the FDA the authority to share and disseminate health information and data. However, it does not allow you to give recommendations on medical matters. Judge Willett stated, "Nothing in the plain text of the law authorizes the FDA to issue medical advice or recommendations."
The agency stated that its communications were "informational statements" that "do not instruct consumers to do, or refrain from doing anything."
In 2022, a previous ruling by U.S. District Judge Jeffrey Brown ruled that doctors failed to prove that the FDA acted outside the authority granted under federal law. The case now returns to Judge Brown who will be in charge of making a final decision.
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