ACLU Suit Challenges Mifeprex REMS

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The American Civil Liberties Union has filed suit in Hawaii federal court challenging the FDA REMS (Risk Evaluation Mitigation Strategy) for the Mifeprex abortion pill. The suit, filed on behalf of a Hawaii doctor and several professional healthcare associations says the REMS restricts where a woman may receive Mifeprex, which it describes as a “safe and effective method of ending an early pregnancy up to 10 weeks.” The REMS says that a patient may not fill a prescription for the drug at a retail pharmacy, “which delays and in some cases blocks entirely a woman’s access to abortion.”

An ACLU statement says the suit argues that FDA’s restrictions on Mifeprex don’t meet the requirement that REMS restrictions may only be imposed when necessary to ensure that a drug’s benefits outweigh its risks. Under the REMS, the ACLU says, a patient must be handed the medication at a clinic, medical office, or hospital from a healthcare provider who has pre-registered with the drug manufacturer and has arranged to order and stock the pill.

“Because of these added administrative hurdles or opposition to abortion within their healthcare facilities,” the advocacy group says, “many clinicians across the country are unable to satisfy these medically unnecessary requirements, leaving some patients with no option but to seek an abortion elsewhere, if they can obtain this care at all. For many patients, arranging and paying for an additional trip to a second healthcare provider who has pre-registered and arranged to stock this medication can be challenging or insurmountable.”

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