“FDA explicitly recognizes that doctors do have the authority to prescribe ivermectin to treat COVID,”
Doctors are free to prescribe ivermectin to treat COVID-19, a lawyer representing the U.S. Food and Drug Administration (FDA) said this week.
“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, said during oral arguments on Aug. 8 in the U.S. Court of Appeals for the 5th Circuit.
The case was brought by three doctors who allege the FDA unlawfully interfered with their practice of medicine with the statements.
A federal judge dismissed the case in 2022, prompting an appeal.
“The fundamental issue in this case is straightforward. After the FDA approves the human drug for sale, does it then have the authority to interfere with how that drug is used within the doctor-patient relationship? The answer is no,” Jared Kelson, representing the doctors, told the appeals court.
The FDA on Aug. 21, 2021, wrote on X, formerly known as Twitter:
“You are not a horse. You are not a cow. Seriously, y’all. Stop it.”
The post, which linked to an FDA page that says people shouldn’t use ivermectin to prevent or treat COVID-19, went viral.
https://twitter.com/US_FDA/status/1429050070243192839?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1429050070243192839%7Ctwgr%5E22268aa1bebd3242f7f02bc5b3c07f3c83583881%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fwww.zerohedge.com%2Fcovid-19%2Ffda-drops-ivermectin-bombshell
In other statements, the FDA said that ivermectin “isn’t authorized or approved to treat COVID-19” and “Q: Should I take ivermectin to prevent or treat COVID-19? A: No.”
Command or Not
“FDA made these statements in response to multiple reports of consumers being hospitalized, after self medicating with ivermectin intended for horses, which is available for purchase over the counter without the need for prescription,” Ms. Honold said.
A version of the drug for animals is available, but ivermectin is approved by the FDA for human use against diseases caused by parasites.
Ms. Honold said that the FDA didn’t purport to require anyone to do anything or to prohibit anyone from doing anything.
“What about when it said, ‘No, stop it’?” Circuit Judge Jennifer Walker Elrod, on the panel that is hearing the appeal, asked.
“Why isn’t that a command? If you were in English class, they would say that was a command.”
Ms. Honold described the statements as “merely quips.”
“Can you answer the question, please? Is that a command, ‘Stop it’?” Judge Elrod asked.
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