This is a silly lawsuit.
The FDA’s position that they have taken on IVM and COVID is probably wrong - but it is State Medical Boards that are disciplining, or not, over prescribing IVM for COVID, not the FDA.
The FDA is a PERMISSIVE agency. For example, they licensed hydroxychloroquine in 1955, giving people who states allow to prescribe PERMISSION to do so. But FDA does not and never has restricted prescribing to the original indication.
The problem is the PREP Act, isn’t it.
Congress refused to make Ivermectin a covered countermeasure.
Since it wasn’t, no liability protection existed for prescribers.
The real question is why was Ivermectin left off that list.
Thanks for clarifying. That was the thrust of my question. What is the tort against the FDA. I agree the state boards are the one who should be sued.
Aren’t the state boards using the FDA as cover?