5th Circuit: Doctors’ Ultra Vires Claim Against FDA For Ivermectin Tweets Is Valid

Mealey's ( September 14, 2023, 5:17 PM EDT) -- NEW ORLEANS — A panel of the Fifth Circuit U.S. Court of Appeals reversed the judgment of a Texas federal court dismissing the lawsuit of a group of doctors claiming that the Food and Drug Administration exceeded its statutory authority when it created social media and government website posts recommending that people not use ivermectin to treat or prevent COVID-19, ruling that the posts were agency action and plausibly ultra vires under the Administrative Procedure Act....