Abraham Jewett  |  March 13, 2023

Category: Legal News

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Exterior view of the headquarters of US Food and Drug Administration
(Photo Credit: grandbrothers/Shutterstock)

Abortion pill restrictions lawsuit overview: 

  • Who: Democratic attorneys general from Washington, Oregon, Arizona, Colorado, Connecticut, Delaware, Illinois, Michigan, Nevada, New Mexico, Rhode Island and Vermont have filed a lawsuit against the U.S. Food and Drug Administration.
  • Why: The attorneys general want the FDA to drop all remaining restrictions on the abortion pill mifepristone.
  • Where: The lawsuit was filed in Washington federal court.

A dozen Democratic attorneys general have filed a lawsuit against the U.S. Food and Drug Administration (FDA) in an effort to get the agency to shed all remaining restrictions on the mifepristone abortion pill.

The lawsuit comes amid a separate lawsuit filed against the FDA by anti-abortion physicians trying to overturn the agency’s approval of the drug mifepristone. 

The FDA approved mifepristone more than 22 years ago to be used in a “two-drug medication regimen” with the drug misoprostol as a way to “end an early pregnancy,” according to the lawsuit. 

“Approval was based on a thorough and comprehensive review of the scientific evidence, which established that mifepristone is safe and effective,” the lawsuit states. 

The lawsuit is being led by the attorneys general from Washington state and Oregon, with the pair joined by the attorneys general from Arizona, Colorado, Connecticut, Delaware, Illinois, Michigan, Nevada, New Mexico, Rhode Island and Vermont. 

Democratic attorneys general ask court to lift all remaining restrictions on abortion pill mifepristone

The Democratic attorneys general are asking for the court to declare that mifepristone is safe and effective, and that all of the remaining restrictions on the drug — including rules which “strictly limit” who can prescribe and dispense it — be lifted. 

“FDA’s decision to continue these burdensome restrictions in January 2023 on a drug that has been on the market for more than two decades with only ‘exceedingly rare’ adverse events has no basis in science,” the lawsuit states. 

The attorneys general argue restrictions on the drug only serve to make it “harder for doctors to prescribe, harder for pharmacies to fill, harder for patients to access, and more burdensome for the Plaintiff States and their health care providers to dispense.”

In January, Walgreens and CVS announced their intentions to begin taking steps that would allow them to distribute mifepristone to consumers in the US, following an FDA decision that made it possible for certified pharmacies to be able to. 

Do you believe the FDA should drop all of the restrictions on the abortion pill mifepristone? Let us know in the comments.

The states are represented by their respective attorneys general.

The Abortion pill restrictions lawsuit is State of Washington, et al. v. United States Food and Drug Administration, et al., Case No. 1:23-cv-03026, in the U.S. District Court for the Eastern District of Washington.


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