Abortion pill manufacturer sues West Virginia over state restrictions on the drug

Thursday, January 26, 2023 | Tag Cloud Tags:

by Karen Faulkner, Worthy News Correspondent

(Worthy News) – A manufacturer of abortion pills has filed suit against West Virginia, arguing the state’s restrictions on access to the medication conflicts with congressional authority given to the Food and Drugs Administration to determine which medications are safe for the public, the Hill reports. Following the reversal of Roe v Wade in June last year, West Virginia instituted a ban on abortion at all stages, with exceptions for medical emergencies, rape and incest.

GenBioPro, which makes a generic version of mifepristone, one of the two drugs taken in medical abortions, sued West Virginia’s Republican Attorney General Patrick Morrisey (R) on Wednesday, the Hill reports.

The company claims the state’s new restrictions on the pill have caused it “significant, ongoing economic injury” and are not aligned with federal law, the Hill said.

“The Supreme Court’s decision in Dobbs did not displace Congress’s and FDA’s roles in protecting the public health by deciding whether drugs are safe and effective, determining which precautions — if any — are necessary to ensure a drug’s safe use, and ensuring safe and effective drugs are available to the public,” the GenBioPro lawsuit claims.

Responding to the suit in a statement, Attorney General Morrisey (R) said he will defend West Virginia’s abortion law to the fullest. “While it may not sit well with manufacturers of abortion drugs, the US Supreme Court has made it clear that regulating abortion is a state issue,” Morrisey said.

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