We’ve explained why Ivermectin had to be beaten down. The Public Health Industrial Complex could never have imposed the vaccine plan if it was a viable treatment. Two years later, the Davids continue to fight Goliath, and Ivermectin has notched a few wins.
Related: The Next Time Someone Accuses You of Vaccine Misinformation, Give Them a Dose of This Medicine
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.”
We reported on Dr. Bowden’s lawsuit last October. “Defendant FDA has improperly exploited misunderstandings about the legality and prevalence of off-label uses of medication, in order to mislead courts, state medical boards, and the public into thinking there is anything improper about off-label prescribing,” AAPS writes in its amicus brief to the court. “Not only is off-label prescribing fully proper, legal, and commonplace, but it is also absolutely necessary in order to give effective care to patients.”
AAPS General Counsel Andrew Schlafly pointed out to the court that the FDA “has engaged in a campaign of interference with the proper use by physicians of ivermectin, which has long been approved as fully safe for human use.” He alerted the court that once the FDA approves a medication as safe, then physicians have full authority to prescribe it to treat any illness, particularly a novel virus like Covid-19.
When sued, the FDA tried to get out from under its heavy-handedness by insisting that “The cited statements were not directives. They were not mandatory. They were recommendations. They said what parties should do. They said, for example, why you should not take Ivermectin to treat COVID-19. They did not say you may not do it, you must not do it. They did not say it’s prohibited or it’s unlawful.”
A fine thing to say after the fact, but why then would the FDA do nothing to contradict the tidal wave of false reporting by the media, aped by public health officials, some of whom used the FDA’s “non-directives” to justify punishing doctors of pharmacists for trying to prescribe or fill orders for Ivermectin.
They took the FDA’s headline to heart: “Why you should not use Ivermectin to treat or prevent COVID-19.” Even the FBI took them seriously, working with Social Media to suppress narratives contradicting a wide range of “statements” from government agencies or officials.
And the FDA never said stop. It never stepped up to a podium bristling with press microphones to state that doctors could prescribe Ivermectin off-label to treat COVID for their patients. It couldn’t even be bothered to send an email saying Hey, we never said that, and if we did, that’s not what we meant… until they got sued.
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
That’s a win, but not the first.
On Aug. 8 a lawyer representing the FDA confirmed that doctors were allowed to prescribe ivermectin to treat COVID.
“FDA explicitly recognizes that doctors do have the authority to prescribe ivermectin to treat COVID,” Ashley Cheung Honold, a Department of Justice lawyer representing the FDA, told the U.S. Court of Appeals for the 5th Circuit.
Unless I missed it, there was no tidal wave of reporting regarding the August 8th statement, and the FDA does not appear to have done anything to ensure it was.
Dr. Bowden claims that despite the endorsement from the FDA, the practice of pharmacists refusing to fill prescriptions for ivermectin continues.
It is not much use for the FDA to claim physicians can prescribe something pharmacists won’t fill while the media and the Public Health Industrial Complex have plenty of time to talk about COVID-19 vaccines, masking up, and boosters.
Ivermectin has won a few battles, but the war against it continues.
