The FDA isn’t supposed to practice medicine, but the judge found they did erroneously in this case which was brought by three doctors.
We conclude that the first path is open: the Doctors can use the APA to assert their ultra vires claims against the defendants. FDA can inform, but it has identified no authority allowing it to recommend consumers “stop” taking medicine. The Doctors can therefore use the APA to assert their ultra vires challenge to the Officials’ actions, and to overcome the sovereign immunity that would otherwise protect the Agencies.
— Judgment, page 11
Sources:
- September 1, 2023. Don R. Willett. Apter, Bowden, and Marik vs. Department of Health & Human Services, Becerra, Food & Drug Administration, Califf. United States Court of Appeals for the Fifth Circuit.
https://drive.google.com/file/d/1vbZ_QnddcaG_cGNu55-ypNTUa13NPBrQ/view,
Local copy.
Judgment, PDF. - September 2, 2023. Matthew Lysiak. “‘FDA Is Not a Physician’: Appeals Court Sides With Doctors on Ivermectin for COVID-19.” The Epoch Times.
https://www.theepochtimes.com/health/fda-is-not-a-physician-appeals-court-sides-with-doctors-on-ivermectin-for-covid-19-post-5485494.
News. - September 2, 2023. Anthony T. “HUGE VICTORY: Federal Judge Rules Against FDA For Anti-Ivermectin Messaging.” 100PercentFedUp.Com.
https://100percentfedup.com/huge-victory-federal-judge-rules-against-fda-for-anti-ivermectin-messaging/.
General Website Link. - September 4, 2023. M. Dowling. “Court Tells FDA In Ivermectin Case to Stop Practicing Medicine.” Independent Sentinel.
https://www.independentsentinel.com/court-tells-fda-in-ivermectin-case-to-stop-practicing-medicine/.
General Website Link.