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March 29, 2024

FDA to Delete Social Media Posts Discouraging Use of COVID-19 Drug

In June 2022, several doctors brought suit against the FDA over  the FDA’s posts discouraging the use of a COVID-19 drug. "You are not a horse. Stop it with the #ivermectin. It's not authorized for treating #COVID," the posts read. 

Ivermectin is an anti-parasitic medication that is approved for human and animal use, and was also used off-label to treat COVID-19. The doctors claim the FDA was interfering with their ability to practice medicine. However, the FDA argued the case should be dismissed because the FDA has sovereign immunity. 

The settlement comes after the U.S. Court of Appeals for the 5th Circuit reversed the dismissal stating that the “FDA is not a physician” and the posts contained medical advice which is outside the FDA’s authority, thus giving merit to the physicians’ ultra vires claim.

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