A federal judge on Dec. 6 agreed to throw out a lawsuit that was filed against the U.S. government over its repeated exhortations not to take ivermectin against COVID-19.
Plaintiffs, three doctors, said the FDA violated the Federal Food, Drug, and Cosmetic Act by its warnings against using ivermectin to treat COVID-19.
But the law does not support their case, U.S. District Judge Jeffrey Brown, a Trump appointee, said in a 20-page ruling.
“First, while § 396 limits the FDA’s powers as applied to medical devices, it does not do so in the context of drugs. As there is no statute limiting the FDA’s actions here, it cannot have acted outside of any statutory limitations,” he said. “Further, it cannot be said that the FDA had no colorable basis of authority. The FDA is charged by Congress with protecting public health and ensuring that regulated medical products are safe and effective, among other things….