DC Circ. Tosses FDA's Electric Shock Harnesses Ban

By Adam Lidgett (July 6, 2021, 7:00 PM EDT) -- The D.C. Circuit has tossed a U.S. Food and Drug Administration order banning electric shock harnesses from being used as a treatment to deter people from exhibiting aggressive or self-injuring behavior.

A panel of the appellate court Tuesday vacated the FDA's rule that created a prohibition on "electrical stimulation devices for self-injurious and aggressive behavior," according to the decision.

The agency doesn't actually have the legal capability to bar "a medical device for a particular use," the panel wrote.

"States, not the federal government, traditionally have regulated the practice of medicine," the panel wrote. "Choosing what treatments are or are not...

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