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AAPS Sues the FDA : Restrictions on Hydroxychloroquine are unconstitutional

The Association of American Physicians & Surgeons (AAPS) filed a lawsuitAAPS v. FDA, against the Food and Drug Administration to end its restrictions on hydroxychloroquine (HCQ) use, as a prophylaxis against COVID-19. currently only hospitalized patients are permitted access

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Two million doses of HCQ have been sent to Brazil by the previous administration to help medical workers there safeguard themselves against the spread of the virus. But the FDA continues to block Americans’ access to this medication.

HCQ has been approved as safe by the FDA for 65 years, and the CDC states on its website that “CDC has no limits on the use of hydroxychloroquine for the prevention of malaria.”

More than 150 million doses have been donated to the strategic national stockpile controlled by the federal government, but unjustified FDA restrictions limit its use to only hospitalized patients for whom a clinical study is unavailable. Hospitals are even returning HCQ to the stockpile because they are not able to use it effectively.

“It is shocking that medical workers in Brazil will have access to HCQ as a prophylaxis while Americans are blocked by the FDA from accessing the same medication for the same use.

“There is no legal or factual basis for the FDA to limit use of HCQ,” “The FDA’s restrictions on HCQ for Americans are completely indefensible in court.”

Andrew Schlafly

China, India, South Korea, Costa Rica, United Arab Emirates, and Turkey, use HCQ as a COVID-19 preventative COVID-19.

“Entrenched, politically biased officials at the FDA should not be allowed to interfere with Americans’ right to access medication donated to the federal government for public use,” Schlafly says. “By preventing Americans’ use of HCQ as a prophylaxis, the FDA is infringing on First Amendment rights to attend religious services or participate in political events such as political conventions, town halls, and rallies in an important election year.”

“FDA Commissioner Stephen Hahn states that the FDA does not interfere with physicians’ ability to prescribe HCQ, and yet at the same time the FDA denies access by millions of Americans to 150 million doses of it in the national stockpile,” Schlafly adds. “This irrational hoarding by government is an abuse of power.”

The Association of American Physicians and Surgeons (AAPS) has represented physicians of all specialties in all states since 1943. The AAPS motto is omnia pro aegroto, meaning everything for the patient.

Author: seraphim
double major in Hon math and biology at Dalhousie University. working towards masters in mathematical biology interests include investing, canadian oil, lyme disease, reading journals, and the food industry ( has garnered a growing number of citations)

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