FDA Has No Sovereign Immunity With Medical Advise

1 year ago
64

Viva and Barnes Discuss the latest case - The exception to sovereign immunity is when acting outside of its authority. The law behind the FDA was to provide accuracy in marketing, they were not supposed to be the world’s doctor. The law says the FDA can’t interfere with a healthcare providers right to prescribe something legally to a patient. Federal Government’s purpose is the accuracy in marketing and to provide data and information - not opinions.
Doctors vs FDA - Conclusion - 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 Post fell on the wrong side of the line between telling about and telling to. As such, the Doctors can use the APA to assert their ultra vires claims against the Agencies and the Officials.
Even tweet-sized doses of personalized medical advice are beyond FDA’s statutory authority. We REVERSE the district court’s judgment of dismissal, and we REMAND for further proceedings.

Clips taken from VivaFrei - Sep 3, 2023 - Ep. 176: DON'T TREAD ON ME! FDA Ruling! Trump Trial! Adult Verification AND MORE!
https://rumble.com/v3ee55g-ep.-176-dont-tread-on-me-fda-ruling-trump-trial-adult-verification-and-more.html

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