Apter v. HHS: Fifth Circuit Opinion (2023)

Court Filing · U.S. Court of Appeals for the Fifth Circuit · September 1, 2023

Fifth Circuit Court of Appeals, September 2023: in the doctors' ivermectin suit, it ruled they could pursue claims that FDA exceeded its authority and sent the case back, saying "FDA is not a physician." An early-stage ruling, not a final finding that FDA broke the law.

FDA is not a physician. It has authority to inform, announce, and apprise—but not to endorse, denounce, or advise.

Fifth Circuit Court of Appeals, September 2023: in the doctors' ivermectin suit, it ruled they could pursue claims that FDA exceeded its authority and sent the case back, saying "FDA is not a physician." An early-stage ruling, not a final finding that FDA broke the law.

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