Deny Mifepristone Preliminary Injunction: FDA

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FDA is asking a Texas federal court to deny a request for a preliminary injunction sought by the Alliance for Hippocratic Medicine and others to reverse the FDA 2000 determination that mifepristone is safe and effective for the medical termination of intrauterine pregnancy under certain conditions. FDA’s filing in opposition to the injunction request says the plaintiffs’ position is based on speculative allegations of harm offered in support of claims and arguments that are untimely, unexhausted, and without merit. “Plaintiffs’ motion for a preliminary injunction satisfies none of the requirements for the extraordinary relief they seek and should be denied,” the filing says.

FDA says the plaintiffs have not shown any likelihood of success on the merits and have failed to show they will suffer imminent and irreparable harm without a preliminary injunction. Granting the injunction, it says, would “upend the status quo and the reliance interests of patients and doctors who depend on mifepristone, as well as businesses involved with mifepristone distribution. The balance of the equities and the public interest thus also strongly favor denial of plaintiffs’ motion.”

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