The court handed Dr. Bowden and the other doctors a major victory on September 1, 2023. Responding to the FDA’s “You are not a horse” tweets that warned against ivermectin in 2021, the judges wrote: “FDA is not a doctor.” Further, the court reiterated, “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.” The judges also noted that the FDA had failed to acknowledge that a safe and effective human form of
...more
