Here is a summary of how the FLCCC (Front Line COVID-19 Critical Care Alliance) beat the FDA in court:
## Key Points
1. The FLCCC, along with three doctors (Robert Apter, Mary Talley Bowden, and Paul E. Marik), filed a lawsuit against the FDA in June 2022, alleging that the FDA overstepped its authority by telling the public to “stop” using ivermectin to prevent and treat COVID-19[1][2][3].
2. In December 2022, the U.S. District Court initially dismissed the lawsuit, citing that the FDA had “sovereign immunity” which protected the agency from any wrongdoing[2][3].
3. However, in September 2023, the U.S. Court of Appeals for the Fifth Circuit reversed the lower court’s dismissal, ruling that the “FDA…has identified no authority allowing it to recommend consumers ‘stop’ taking medicine” and that the FDA’s actions went beyond just “informing” the public[2][3].
4. The appeals court stated that the doctors had “plausibly alleged that FDA’s Posts fell on the wrong side of the line between telling about and telling to” regarding ivermectin use[3].
5. As a result of the appeals court ruling, the lawsuit was revived, and in March 2024, the FDA agreed to a settlement with the FLCCC and the three doctors, removing certain social media posts and webpage updates that urged people to stop using ivermectin for COVID-19[1][5].
6. The FLCCC praised the legal team at Boyden Gray PLLC for their exceptional work in representing them in the case, which they considered a “victory for every doctor and patient in the United States”[1][2].
In summary, the FLCCC and the doctors were able to beat the FDA in court by successfully arguing that the agency overstepped its authority in discouraging the use of ivermectin, a drug that has been approved for human use, for the prevention and treatment of COVID-19.
Sources
[1] FLCCC Alliance Statement on the Settlement Reached https://imahealth.org/flccc-alliance-statement-on-the-settlement-reached-in-case-against-dhhs-for-telling-the-public-to-stop-it-regarding-taking-ivermectin-to-prevent-and-treat-covid-19/
[2] FLCCC Alliance Statement on Court’s Reversal of Case Against DHHS for … https://imahealth.org/flccc-alliance-statement-on-courts-reversal-of-case-against-dhhs-for-telling-the-public-to-stop-it-regarding-taking-ivermectin-to-prevent-and-treat-covid-19/
[3] Court revives doctors’ lawsuit saying FDA overstepped its authority with … https://apnews.com/article/coronavirus-ivermectin-fda-doctors-lawsuit-bbc8d4fc726c08940ae4b0dad70170e0
[4] Ivermectin still not effective or approved for COVID-19 … – KTLA https://ktla.com/news/nationworld/ivermectin-still-not-effective-or-approved-for-covid-19-treatment-fda-says/
[5] Texas Doctors Force FDA to Remove Covid-19 Posts in Settlement https://news.bloomberglaw.com/health-law-and-business/texas-doctors-force-fda-to-remove-covid-19-posts-in-settlement