A federal appeals court in New Orleans has revived a lawsuit by three doctors who say the Food and Drug Administration overstepped its authority in a campaign against the use of a drug that is not approved to treat COVID-19.
FILE -A box of ivermectin is shown in a pharmacy as pharmacists work in the background, Thursday, Sept. 9, 2021, in Ga. A federal appeals court Friday, Sept.
“FDA is not a physician. It has authority to inform, announce, and apprise—but not to endorse, denounce, or advise,” Judge Don Willett wrote for a 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.”
The lawsuit was dismissed in December by U.S. District Judge Jeffrey Vincent Brown, who ruled that the complaints didn't overcome the FDA's “sovereign immunity,” a concept that protects government entities from many civil lawsuits regarding their responsibilities. The appellate panel said the FDA's alleged overstepping of its authority opened the door for the lawsuit.
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