Legal Dispute Surrounding Abortion Pill Has Significant Implications for Broader Healthcare Industry
View Debevoise In Depth
- Federal courts are weighing an unprecedented challenge to mifepristone, one part of the two-drug regimen used in medication abortion, which is also widely prescribed off-label for miscarriage management and other pregnancy-related conditions. Currently at issue is a nationwide injunction that would halt the prescription of mifepristone for medication abortion even in states where it is legal.
- This case has significant implications not just for abortion access but for the healthcare industry as a whole—especially entities regulated by the Food and Drug Administration (the “FDA”). The reasoning behind the injunction would create a precedent for private plaintiffs to challenge the FDA’s safety determination for any number of drugs or devices. This in turn could have a chilling effect on R&D and product development.