ACLU Sues FDA for Records on Mifepristone Review

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The ACLU has filed a lawsuit seeking to force FDA to release documents related to its ongoing safety review of mifepristone, accusing the agency of withholding information requested under a Freedom of Information Act filing submitted in August. The FOIA request seeks details on the scope of the agency’s review and any communications with anti-abortion groups, elected officials, or other entities pushing for tighter restrictions on medication abortion, according to an ACLU notice about the lawsuit.

The group argues that recent statements from Trump administration officials — including FDA commissioner Marty Makary — suggest the review is being driven by a non–peer-reviewed analysis authored by a Project 2025 cosponsor. More than 260 researchers have criticized the paper for methodological flaws and misrepresenting the medication’s safety record.

Advocates warn that the administration may be laying the groundwork for new barriers, such as limits on telemedicine prescribing for abortion care, which now accounts for about a quarter of U.S. medication abortions.

The lawsuit comes as a federal court ruling in Purcell v. Kennedy (see story) found the FDA has not adequately justified its existing restrictions on mifepristone. The decision requires the agency to consider the substantial peer-reviewed evidence on the drug’s safety as it conducts its current review.

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