FDA CENSORS LOSE: “FDA is not a doctor,” writes the court. Later in the court decision, four appellate judges write, “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.” 


In a series of now-infamous tweets, FDA implied ivermectin was dangerous, and that it was intended only for horses and other animals. The appellate judges noted that FDA failed to acknowledge that a safe and effective human form of the medicine has been in use for decades.