FDA Settles Ivermectin Messaging Lawsuit

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FDA has agreed to settle a lawsuit brought by three physicians who objected to the agency’s messaging during the Covid-19 pandemic that consumers should stop taking ivermectin because it was for treating horses. A court had earlier ruled (see earlier story) that when the agency issued its “You Are Not a Horse” and similar messaging to caution people not to use the veterinary drug ivermectin to treat Covid-19, it did not mention there is a human version of the drug. The doctors who filed the suit said they had prescribed the human form of the drug to thousands of their patients and the FDA messaging interfered with their individual medical practice. The doctors argued that the messages violated the FDA enabling act and the Administrative Procedure Act.

In its earlier ruling, the 5th Circuit court of appeals said FDA “can inform, but it has identified no authority allowing it to recommend consumers ‘stop’ taking medicine.” Thus, it says, the doctors can use the APA to assert their ultra vires claims against the defendants. “FDA is not a physician,” the appeals court decision concluded. “It has authority to inform, announce, and apprise, but not to endorse, denounce, or advise.”

Under the settlement, FDA has agreed to retire a Consumer Update entitled, Why You Should Not Use Ivermectin to Treat or Prevent Covid-19 that was originally posted on 3/5/2021. It also agreed to delete and not republish social media posts from 2021 that read: “You are not a horse. You are not a cow. Seriously, y’all. Stop it.”

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