In their opinion, Judges Clement, Elrod, and Willett state, "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 FLCCC. "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."