GenBioPro Sues to Overturn WV Abortion Pill Law

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Mifepristone manufacturer GenBioPro has sued the state of West Virginia in federal court to overturn state law that effectively bans the use of the drug for medical abortions. The company argues that FDA regulation of drugs including mifepristone preempts the state law, CNBC reports.

The report notes that since the Supreme Court overturned federal abortion rights last year, some 12 states, including West Virginia, have implemented near-total abortion bans. FDA approved mifepristone more than 20 years ago as a safe and effective method to terminate an early pregnancy. Over the years the agency has restricted how the pill can be distributed and administered.

CNBC says FDA has eased many of its restrictions to expand access to mifepristone which, when used in combination with misoprostol, accounts for about half of all U.S. abortions.

“Individual state regulation of mifepristone destroys the national common market and conflicts with the strong national interest in ensuring access to a federally approved medication to end a pregnancy, resulting in the kind of economic fracturing the framers intended the [Commerce] Clause [of the Constitution] to preclude,” company attorneys said in their filing. “A state’s power does not extend to functionally banning an article of interstate commerce — the Constitution leaves that to Congress.”

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