finance
Appeals Court Limits Mail Delivery of Mifepristone
A federal appeals court ruled to restrict access to mifepristone by prohibiting its distribution via mail, requiring in-person pickup at clinics. The decision, stemming from a challenge by Louisiana, overturns FDA regulations allowing telemedicine prescriptions. The ruling affects abortion access nationwide and is expected to face further appeals.
May 2, 6:40 PM·2m read10 sources
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A three-judge panel of the 5th U.S. Circuit Court of Appeals issued a unanimous ruling on Friday that prohibits the mailing of mifepristone and requires in-person distribution at clinics or hospitals. The decision overrides Food and Drug Administration regulations allowing telemedicine prescriptions and mail delivery of the drug, which is used to end pregnancies up to 70 days gestation.
The ruling, which has nationwide effect, stemmed from a lawsuit filed by Louisiana and other plaintiffs challenging the FDA's 2023 decision to expand access.
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Louisiana argued in its court filings that the FDA's rules facilitated illegal abortions in the state, where abortion is banned at all stages of pregnancy, and resulted in medical complications reimbursed by Medicaid. The state cited FDA data indicating rare cases of excessive bleeding associated with mifepristone use.
The FDA, in statements referenced in the ruling, maintained that over 20 years of data support the drug's safety for remote prescribing, but acknowledged ongoing data collection without a specified end date.
Danco Laboratories, a manufacturer of mifepristone, stated in a filing that the ruling would cause "chaos" for patients and providers, and requested a one-week stay to appeal to the Supreme Court. " Susan B.
The FDA first approved mifepristone in 2000 with requirements for three in-person visits. Restrictions were temporarily eased during the COVID-19 pandemic, and permanently expanded in 2023. The Supreme Court in 2024 preserved access on procedural grounds without ruling on the merits.
No public statements from FDA officials on the appeals court decision were available as of Friday. The ruling does not identify specific numbers of affected prescriptions or complications beyond those cited in Louisiana's filings.
