Fifth Circuit Appeals Court overrules lower court on government’s bad advice against Ivermectin for Covid


Last week, the Fifth Circuit Court of Appeals reversed a lower court’s ruling that had said sovereign immunity protects the Food and Drug Administration from any liability for telling the public to stop taking Ivermectin, a drug that is relatively safe when used correctly, well-studied, and has been used by many for the prevention and treatment of Covid-19.

Judges Clement, Elrod, and Willett wrote, “FDA argues that the Twitter posts are ‘informational statements’ that cannot qualify as rules because they ‘do not ‘direct’ consumers, or anyone else, to do or refrain from doing anything.’ We are not convinced.”

“We are very pleased with this development and extremely proud of our colleagues for taking a stand against a government health agency that is clearly overstepping its authority,” said Pierre Kory, M.D., M.P.A., president and chief medical officer of the Front Line COVID-19 Critical Care Alliance.

“The FDA’s campaign against ivermectin continues to be used as an excuse by hospitals to deny access to a lifesaving treatment and weaponized by medical boards to threaten the licenses of doctors who stray from the mainstream to prescribe a drug that has been proven in controlled trials to safely treat hundreds of thousands of patients around the world,” he said.

The lawsuit, Apter et al v. Dep’t. of Health and Human Services, was brought by Robert Apter, MD, Mary Talley Bowden, MD, and FLCCC co-founder, Paul E. Marik, MD, and first filed in the U.S. District Court on June 2, 2022.

The lawsuit stated that the FDA acted outside of its authority and illegally interfered with the doctors’ ability to practice medicine with an aggressive effort to stop the prescribing of ivermectin for the prevention and treatment of COVID-19. The case was later dismissed by the court citing that the FDA had “sovereign immunity,” giving the agency absolute protection from any wrongdoing or harm in directing the public, including health professionals and patients, to not use ivermectin, a drug that has received full FDA approval for human use. Earlier this year, Apter et al filed an appeal in the U.S. Court of Appeals for the Fifth Circuit requesting the Court reverse the lower court’s dismissal of the lawsuit.

The Court’s reversal was issued last week with the ruling stating, the “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.”

The ruling goes on to say the “FDA can inform, but it has identified no authority allowing it to recommend consumers ‘stop’ taking medicine.”

And finally, “Even tweet-sized doses of personalized medical advice are beyond FDA’s statutory authority.”

“The work of the legal team at Boyden Gray has been nothing short of superb,” Kory added. “We are very fortunate to have them on the side of our doctors in this case.”

It’s certain the federal government will appeal to the U.S. Supreme Court.

The Fifth Circuit Court’s ruling can be found here:

The FLCCC filed its amicus brief in support of the lawsuit in February of this year. A copy of the brief can be found here:


  1. One of the many losses in the Covid hoax is the faith people used to have in the medical profession.

    Like virginity, that’s lost forever.

  2. Sovereign immunity, the idea that government cannot be brought to justice unless it consents to be, is an outdated legal standard that should have died when Americans rejected the English Crown. The individuals who make up our various levels of government should be held to the Reasonable Man standard, just like the rest of us. And when they act outside the legitimate scope of their authority they should lose any liability shield they might have and be personally liable for their actions both civilly and criminally. The government bureaucrats who led the effort to ban Ivermectin and other lifesaving drugs from Americans should answer for their crimes but that’s not how government works so the lesson of consequences will never be taught and future bureaucrats will feel safe to abuse us again.

  3. Dr. Pierre Kory, quoted in this article, wrote an entire book on Ivermectin, but also said a national VITAMIN D campaign to get levels above 50 would have changed the face of Covid!

    That’s what Anne Zink should have focused on, but NEVER MENTIONED VITAMIN D ONCE!

    Dr. Kory said that if he was put in charge of Covid response, he would have implemented a vitamin D awareness campaign to get doctors to check their patients’ vitamin D levels, to get them above 50 ng/ml, which would have solved Covid!

    Of all people, Alaskans should know the truth about D, because we can only get vitamin D from the sun from May until August if we’re out midday with enough skin exposed and it’s not cloudy.

    And high enough vitamin D levels helps solve 100 illnesses, including cutting breast cancer by 70% when levels are above 70 ng/ml, peer reviewed studies prove!

    But nobody talks about it — not even the truthers.

    Do we love Alaskans? If so, let’s tell people the truth about vitamin D, a hormone that we all need to function well. It even helps people sleep well and children concentrate in school; cuts depression.

    Estimates are that if everyone took enough vitamin D, hospital visits in general would be cut by two thirds, which may be a major reason why Big Pharma won’t even mention it.

    Also, since high enough vitamin D levels would have solved Covid, ahd they told the truth about D, Pharma couldn’t have gotten emergency authorization for the experimental jab they injured so many with, while making $billions.

    Anne Zink, KTUU and ADN put Alaskans into a state of fear, instead of solving Covid by telling the people the truth about vitamin D.

    What Dr. Kory said about vitamin D solving Covid and a link to what he said about vitamin D and Covid while on Sen. Ron Johnson’s panel last December:

    America’s getting jacked, because the “LOVE OF MONEY” drives Big Pharma, the way John D. Rockefeller set it up to be 100 years ago: a business model, not a wellness model.

    God bless!

    • One of the well known doctors who speaks out against the vaccine (not Malone, the other guy), was just on a conservative talk show talking about how the medical drug industry got the government to sell people on their drug/vax, and thus it’s about $$$ NOT about pro-active, naturopathic remedies. As you well know, the drug industry has been at WAR with the naturopathic and vitamin industry for a long time. Because they were losing profit! $$$ is the only reason (at least the biggest one) why the gov’t pushes a vax. They will never ever encourage alternatives…that’s why the fed gov’t has never approved or given their blessing to naturopathic products. They all carry the gov’t warning label saying there’s not adequate studies or proof of effectiveness. That should all tell us something!

    • I don’t know who the “truthers” are that you mention, Jeff…….but I for one (who am ‘nobody’) have been mentioning vitamin D since the very first days when the Kung Flu became known to us as the general public.
      I mentioned it everywhere I could, and also as part of a slightly larger discussion about metabolic health.
      I’ve been saying all along that if people were informed about just the mere basics about their metabolic panel(s), that the entire Kung Flu episode would have had an entirely different face in our history books.
      The extremely shortened version of this topic has always been (from me) “get your A1-C and fasting insulin levels down, your Vitamin D levels up, inform yourself on how this achieved, and you have very little to worry about as related to this manufactured virus.”
      IF a person sets about learning about those 3 items, they will quite naturally, as a matter of course, educate themselves about the rest of their metabolic panel, and how it affects their overall health.
      Like you, I have mentioned until I was blue in the face that THIS discussion has all along been 100% missing in the public discussion about the Kung Flu…..very obviously quite intentionally, in favor of instead shrieking about masks! and….the vax!.
      Millions have died needlessly because of this intentional omission of this topic, and an untold number have been damaged and even killed by the vax.
      Meanwhile, I never, not once, heard a public health official mention “metabolic health” to the general public. They only nattered endlessly about masks and the vax.
      And I put my money where my mouth is too. Having educated myself about metabolic health, beginning well before the virus showed, and doubling down on my self education when it did hit the world……I caught the King Flu 3 times that I know of, and it never took me off my feet, I sailed through all 3 infections pretty much unscathed, and I am in the older age demographic.

      I should also mention, that like you, I kept saying that the tired and outdated mantra chirped endlessly by the doctors that Vitamin D levels above 30 means you are just fine, I have been saying that 50 should actually be your minimum level, not 30, and that 80 is even better.

    • A lot of the dietary supplement people know about vitamin D. Need to add quercetin and zinc to the list to fight COVID.

      The other thing Zink did was trash ivermectin in AK. She did it by subverting the various pharmacy and medical boards. Very difficult to get a prescription written for ivermectin in state today. Even more difficult to get it filled. And she still holds office. Cheers –

  4. “Government is not reason; it is not eloquence. It is force. And force, like fire, is a dangerous servant and a fearful master.”
    ― George Washington

  5. A 90 year old friend, takes one ivermectin on Saturday and a Hydroxychloroquine on the next Saturday. She has been doing this since the lab created covid strain was identified in the human population. She has never to her knowledge had covid, while most of her friends have.

  6. The randomized controlled trials evaluated for establishing efficacy have not found ivermectin better than placebo or for example Twinkie cakes, in treatment or preventing COVID-19.

    As for Tweet Twitter and CHIRP, personally, I have never been used any of it for medical advice. Bless yo’ li’l pea-pickin’ heart if you do! Even if it’s put out by the FDA, NLM, NIH, or PTL.

    • Mrs N – the only randomized clinical trials concerning Covid & Ivermectin were retracted shortly after publication because of flawed data and the influence of Big Pharma over the trial’s authors.

  7. Maybe time to sue Justin Ruffridge and the state of Alaska pharmacy board for threatening pharmacists licenses over ivermectin. Many Alaskans died becausse of his piss poor leadership to the pharmacists and the boards recommendation against Ivermectin. at least three house reps traced the ban on ivermectin back to him.

  8. This article will hopefully awaken the readers and empower them to do their own research. When I was sick with Covid, a very smart doctor at the JBER hospital prescribed ivermectin. I was 3 pills into the prescription when a female nurse that was treating me for something else told me to stop taking ivermectin immediately. I did and ended up in the hospital for 8 days!!! I’ve learned a very valuable lesson! Be careful who you take counsel from! That base doctor was who I should have payed attention to!

  9. Health authorities who knowingly spread Covid misinformation should NOT have immunity from civil & criminal prosecution, including our own Alaskan charlatans! Their actions, whether through incompetence or downright fraud, border on crimes against humanity.

  10. Where are the lawyers and swat? These information deniers and power hungry people need to be in jail for all the deaths and issues they caused by not telling the truth and censoring American citizens rights of free speech.

  11. Paul and Nancy Pelosi proved the government mandated vaccine was far superior than anything mentioned above.
    Their profits from Pfizer did 100 times better than any of those other phony low cost non revenue producing treatments.
    The proof is in the bottom line$$$$$$$$$

  12. Who knew there were so many medical professionals reading MRAK?! Who needs to read peer-reviewed studies when you have a plethora of anecdotal proof in the comments section of this unbiased news outlet.

  13. Not that anyone on here will actually read this and/or scream biased or whatever claim it might be, but in case someone is interested in something other than anecdotal evidence as to the efficacy of the COVID vaccine, here is a link to a randomized, double-blind study with placebo as to the effectiveness of the vaccine. Results? It was safe, highly effective and well-tolerated.


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