Post by ProfessorFate on Sept 4, 2023 2:47:51 GMT -8
‘FDA Is Not a Physician’: Appeals Court Sides With Doctors on Ivermectin for COVID-19
Posted 2 minutes ago
Well, well, well. The FDA gets spanked big time.
A federal appeals court in New Orleans ruled on Friday that the Food and Drug Administration (FDA) had overstepped its authority, in their ruling that three doctors will be able to move forward with their lawsuit over the use of ivermectin off-label to treat COVID-19.
Dr. Mary Talley Bowden, one of three doctors who initially filed the charges, trumpeted the ruling as a victory for not only the truth, but patient rights.
“The FDA misled the public into thinking it has more authority than it does,” Dr. Bowden, a practitioner and founder of Coalition of Health Freedom, told The Epoch Times. “This decision confirms that the FDA is not your doctor and has no authority to tell doctors how to practice medicine.”
...Judge Don Willett wrote for the three person panel that also included Jennifer Walker Elrod and Edith Brown Clement. “The Doctors have plausibly alleged that FDA’s Posts fell on the wrong side of the line between telling about and telling to.”
“FDA is not a physician. It has authority to inform, announce, and apprise—but not to endorse, denounce, or advise. The Doctors have plausibly alleged that FDA’s Posts fell on the wrong side of the line between telling about and telling to. As such, the Doctors can use the APA to assert their ultra vires claims against the Agencies and the Officials.”
...The anti-ivermectin messaging put out by FDA officials also drew the ire of Judge Willett, who wrote that “Left unmentioned in most of that messaging: ivermectin also comes in a human version. And while the human version of ivermectin is not FDA-approved to treat the coronavirus, some people were using it off-label for that purpose.”
...Dr. Bowden claims that despite the endorsement from the FDA, the practice of pharmacists refusing to fill prescriptions for ivermectin continues.
“This needs to come to an end. In telling my patients what medicines they can and cannot have access to, we effectively have a large group of pharmacists practicing medicine without a license,” said Dr. Bowden told the Epoch Times on Friday. “They have no accountability for this yet they are allowed to dictate patient care.”
www.theepochtimes.com/health/fda-is-not-a-physician-appeals-court-sides-with-doctors-on-ivermectin-for-covid-19-post-5485494?utm_source=News&src_src=News&utm_campaign=breaking-2023-09-03-2&src_cmp=breaking-2023-09-03-2&utm_medium=email&est=jHnQO%2FJHlBu7C77cTHbeYG9M9wODjmx1s%2FZsZpXduttMa7HEP1%2BLYpOYdsjt6w%3D%3D
Posted 2 minutes ago
Well, well, well. The FDA gets spanked big time.
A federal appeals court in New Orleans ruled on Friday that the Food and Drug Administration (FDA) had overstepped its authority, in their ruling that three doctors will be able to move forward with their lawsuit over the use of ivermectin off-label to treat COVID-19.
Dr. Mary Talley Bowden, one of three doctors who initially filed the charges, trumpeted the ruling as a victory for not only the truth, but patient rights.
“The FDA misled the public into thinking it has more authority than it does,” Dr. Bowden, a practitioner and founder of Coalition of Health Freedom, told The Epoch Times. “This decision confirms that the FDA is not your doctor and has no authority to tell doctors how to practice medicine.”
...Judge Don Willett wrote for the three person panel that also included Jennifer Walker Elrod and Edith Brown Clement. “The Doctors have plausibly alleged that FDA’s Posts fell on the wrong side of the line between telling about and telling to.”
“FDA is not a physician. It has authority to inform, announce, and apprise—but not to endorse, denounce, or advise. The Doctors have plausibly alleged that FDA’s Posts fell on the wrong side of the line between telling about and telling to. As such, the Doctors can use the APA to assert their ultra vires claims against the Agencies and the Officials.”
...The anti-ivermectin messaging put out by FDA officials also drew the ire of Judge Willett, who wrote that “Left unmentioned in most of that messaging: ivermectin also comes in a human version. And while the human version of ivermectin is not FDA-approved to treat the coronavirus, some people were using it off-label for that purpose.”
...Dr. Bowden claims that despite the endorsement from the FDA, the practice of pharmacists refusing to fill prescriptions for ivermectin continues.
“This needs to come to an end. In telling my patients what medicines they can and cannot have access to, we effectively have a large group of pharmacists practicing medicine without a license,” said Dr. Bowden told the Epoch Times on Friday. “They have no accountability for this yet they are allowed to dictate patient care.”
www.theepochtimes.com/health/fda-is-not-a-physician-appeals-court-sides-with-doctors-on-ivermectin-for-covid-19-post-5485494?utm_source=News&src_src=News&utm_campaign=breaking-2023-09-03-2&src_cmp=breaking-2023-09-03-2&utm_medium=email&est=jHnQO%2FJHlBu7C77cTHbeYG9M9wODjmx1s%2FZsZpXduttMa7HEP1%2BLYpOYdsjt6w%3D%3D