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Appellate Court to FDA: “We Are Not Convinced”

Published On: September 3, 2023|
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Late Friday, the Fifth Circuit Court of Appeals reversed a lower court’s ruling that “sovereign immunity” protects the Food and Drug Administration (FDA) from any wrongdoing or harm in telling the public to stop taking ivermectin, a safe, well-studied, and proven drug for the prevention and treatment of COVID-19.
In their opinion, Judges Clement, Elrod, and Willett state, “The 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.”

The lawsuit, Apter et al v. Dep’t. of Health and Human Services et al, 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 case—which 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 — was later dismissed by the court citing that the FDA had “sovereign immunity.”

The Court’s reversal yesterday was issued with the ruling, which said “FDA is not a physician. It has authority to inform, announce, and apprise—but not to endorse, denounce, or advise.”

“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.”

The lawsuit was dismissed in December by U.S. District Judge Jeffrey Vincent Brown, who ruled that the complaints didn’t overcome the FDA’s “sovereign immunity,” a concept that protects government entities from many civil lawsuits regarding their responsibilities. The appellate panel said the FDA’s alleged overstepping of its authority opened the door for the lawsuit.

Read the FLCCC’s full statement HERE.

Watch Dr. Mobeen Syed’s review of the main points in the judges’ decision HERE.

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.


With COVID-19 cases rising again, President Biden is recommending new vaccines. Plus, masking is making a comeback despite an NIH study that found prolonged use of N95 masks exposes users to harmful chemicals.

FLCCC is steadfast in its advocacy against these measures. COVID is a highly preventable and treatable condition, while the potential risk of adverse vaccine events is significant. Will we be censored on social media for raising these concerns?

Writing in RealClearPolicyDr. Pierre Kory discusses our experience with relentless censorship in the last few years across mainstream media, communications, and marketing channels.

“Mainstream newswire services have refused to distribute my organization’s press releases — even when we are trying to share peer-reviewed medical journal articles and firsthand clinical data that can help patients and inform medical policy,” said Dr. Kory. “By preventing the free exchange of ideas among physician-led advocacy groups sharing firsthand treatment experience, censorship is destroying the potential for medical innovation.”

Read the entire article HERE.


The FLCCC has issued a statement on President Biden’s plan to urge Americans to get COVID-19 vaccine boosters.

Our critical care physicians say that as COVID-19 cases and hospitalizations continue to rise across the United States, the public needs to know that even with the new variant, COVID-19 remains a highly preventable and treatable condition. Moreover, given the potential risk of adverse events associated with the COVID-19 vaccines, there remains no medical justification for getting vaccinated or boosted for the COVID-19 virus given the known potential risk of an adverse event.

“Our health agencies should be looking for opportunities to rebuild the public’s trust in them. Promoting a deeply flawed and dangerous vaccine is not the way to do that,” said Dr. Paul Marik, FLCCC chairman and chief scientific officer.

Read the FLCCC’s entire statement HERE.


We are very excited to share the first episode of ‘Whole Body Health with Dr. Saleeby’!

This series explores integrative approaches to managing and treating illness and disease, and aims to help individuals learn ways to promote and prioritize a healthy lifestyle.

In this first episode, Dr. J.P. Saleeby explains the importance of the thyroid gland and why it is so important to keep it in balance. Learn more about the new series HERE.


On this week’s FLCCC Weekly Webinar Host Betsy Ashton was joined by our Dr. Paul Marik, Dr. J.P. Saleeby and India Scott, FNP-C for a discussion on new COVID variants.

Our front line medical providers on the panel advised that while there is no need to be overly concerned, people should make sure they understand the symptoms they may experience and how to prevent and treat a COVID infection.

“The first thing is—NO PANIC,” said Dr. Marik. “This is just the same old thing over and over again. The symptoms are really similar, and the treatments are basically unchanged.”

The panelists also advised to have a “Just-in-Case COVID Kit” on hand to treat any symptoms that may arise.

Watch the entire episode HERE.


In Episode 68 of Long (COVID) Story Short with Dr. Mobeen Syed, we learn about a fascinating new study from researchers at the University of California at San Diego.

They demonstrate for the first time in animal studies that time-restricted-feeding (TRF), or intermittent fasting, can synchronize neuronal tissue clocks. This resulted (in Alzheimer’s diseased mice) to have better sleep, improved sleep length, less irritability, better metabolic dynamics, reduced plaque load and improved plaque clearance, and improved abeta42/abeta40 ratio— with memory improvements almost equal to healthy mice. This research suggests that humans could also experience these same benefits.

“Our metronome is our food… when we eat any time, whatever and whenever we want to eat, we destroy our bodies’ rhythms,” notes Dr. Been. “And if you start eating at one time, or within one interval, you start putting the rhythm back. Beautiful!”

Thanks Dr. Been!


Peter, a retired pharmacist, gave his wife ivermectin when she caught COVID. She was symptom-free in 3 days.

When he caught COVID, he took ivermectin too with the same time frame results. Then, when they returned home after 2 months away, Peter learned his 70-year-old next-door neighbor had nearly died from COVID and was now experiencing painful long COVID. Peter offered him ivermectin too. His neighbor felt 60% better overnight and within weeks was functioning normally again.

Watch his uplifting MyStory HERE!


💊 What is the #1 issue as the 2024 election approaches? According to our Dr. Pierre Kory speaking on The Tom Roten Morning Show on iHeart Radio, it’s the issue of medical freedom.

“Look at the data and make your own conclusion on policies,” said Dr. Kory. “We are living through a humanitarian catastrophe. Going back to life insurance data, we know that in late 2021, there was a 38% increase in death rates amongst working age Americans aged 18-64. We’ve lost hundreds of thousands of people. Misinformation and disinformation is being propagated by our agencies.”

💊 Writing on Substack, our “Here’s a Thought” columnist, Jenna McCarthy, laments all the recent talk about the reprise of mask mandates and vaccine mandates. She says that we should all resist —and not buy what they are selling.

“It appears the only path out is the same one we had three years ago, something a depressingly massive swath of the global population failed to grasp during the test run: united, unequivocal, unrelenting noncompliance.” Yeah!


The FLCCC & YOU: We ARE the disrupters.
So let’s wear it like the badge of honor that it is.

You see, while our government, public health agencies, and the pharmaceutical industry seem determined to keep citizens sick and uninformed, the FLCCC is dedicated solely to your health and well-being. Thanks to your partnership these past 3 years, we have been able to grow and expand our influence so that today, we are ALL disruptors of a system that is irretrievably broken.

Please join us, fellow dissidents, on a journey over the next two weeks, as we highlight the disruptors in our midst and celebrate their contributions to health and medical freedom. Make a gift in their honor, and help us continue to rattle the cages and ensure that people around the world have access to the information, education, and resources they need to be healthy, happy, and free.

⭐️ GREAT NEWS! ⭐️
Now through September 15, all gifts to the FLCCC to support our legal and legislative efforts will be matched dollar for dollar, thanks to the incredible generosity of The Carter Family Foundation!

CLICK HERE TO SUPPORT OUR FIGHT!

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