The Supreme Court’s decision to overturn the historic Roe v. Wade ruling led to a flurry of action from anti-abortion and pro-choice groups alike. Now, abortion pill manufacturer GenBioPro is adding its two cents by suing West Virginia over the state's abortion ban.
The company makes generic mifepristone, the "abortion pill" that provides a non-invasive alternative to surgery. GenBioPro’s generic won FDA approval in 2019, and since then, the company has sold approximately 850,000 units throughout the country.
In its suit, GenBioPro argued West Virginia's abortion ban violates several laws and clauses that have led to losses in sales and customers.
The company also highlighted the FDA’s role in nationwide drug regulation. GenBioPro’s attorneys noted that taking away access to the drug goes against the congressional mandate that the FDA—and only the FDA—can impose restrictions on drugs.
While GenBioPro wants to give the power over the pill back to the FDA, groups on the other side of the argument want the medicine's approval reversed.
Mifepristone is at the center of another suit between Alliance for Hippocratic Medicine and the FDA itself. The coalition of anti-abortion groups sued the agency for its 2000 approval of the pill, claiming that the FDA “exceeded its regulatory authority” with the approval. The FDA has since fired back, arguing that overturning the approval would harm patients by depriving them of the option.
The White House also has an eye on the issue. On what would have been the 50th anniversary of Roe v. Wade, President Joe Biden issued a presidential memorandum in an effort to expand abortion rights. The administration is looking to identify barriers to abortion pill access, Vice President Kamala Harris said upon announcing the memorandum.