Fifth Circuit Rebukes FDA for Banning Ivermectin for Covid-19

September 15, 2023

by Jerome R. Corsi American Thinker

The U.S. Court of Appeals for the Fifth Circuit issued a unanimous three-judge decision on September 1, 2023, holding that the Federal Drug Administration (FDA) overstepped its statutory authority by attempting to ban using ivermectin to treat COVID-19. In Apter v. Department of Health and Human Services, court concluded, “FDA is not a physician. It has authority to inform, announce, and apprise—but not to endorse, denounce, or advise.”

Writing for the three-judge panel, Circuit Judge Don R. Willett began the court’s opinion by citing the strident nature of the FDA’s opposition to ivermectin as a COVID-19 treatment. Willett opened his opinion as follows:

“You are not a horse.”

Or so the Food and Drug Administration (“FDA”) alerted millions of Americans via social media, midway through the COVID-19 pandemic. The agency had discerned that some people were treating their symptoms using the animal version of a drug called ivermectin. FDA decided to target the practice via the “horse” message—and others like it. The messaging traveled widely across legacy and online media. Left unmentioned in most of that messaging: ivermectin also comes in a human version. And while the human version of ivermectin is not FDA-approved to treat the coronavirus, some people were using it off-label for that purpose.