A federal appeals court last week overturned the dismissal of a lawsuit against the U.S. Food and Drug Administration (FDA), ruling that the agency exceeded its authority under federal law when it advised the public against using ivermectin.

Three doctors — Robert Apter, Mary Talley Bowden and Paul E. Marik, co-founder of the Front Line Critical Care Alliance (FLCCC) — in June 2022 sued the FDA, the U.S. Department of Health and Human Services (HHS), FDA Commissioner Robert Califf and HHS Secretary Xavier Beccera in the U.S. District Court for the Southern District of Texas.

The doctors alleged the FDA’s guidance on ivermectin interfered with the doctor-patient relationship and their ability to prescribe an approved medication.

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