FDA’s ‘Not a Horse’ Covid-19 Twitter Posts Are Agency Actions

“Tweet-sized doses of personalized medical advice are beyond” the Food and Drug Administration’s statutory authority, the Fifth Circuit ruled as to the agency’s social media posts that discouraged using ivermectin to treat Covid-19.

A lower court must decide whether the case from three ivermectin-prescribing doctors has “any other jurisdictional” or standing issues that would prevent it from moving forward so remand was appropriate, the appeals court also said.

“Ivermectin may be trending, but it still isn’t authorized or approved to treat COVID-19,” the FDA told its audience on X, formerly known as Twitter, as part of a viral engagement strategy ...