A company that makes the generic abortion pill filed a lawsuit against the Food and Drug Administration (FDA) Wednesday to prevent the agency from ordering mifepristone, a popular abortion drug, off the market.
The FDA is currently awaiting a Supreme Court ruling after a judge in Texas placed a temporary hold on the FDA’s approval of the pill due to concerns that it endangers the health of the mother. In response, GenBioPro, which makes the generic version of mifepristone, filed a lawsuit Wednesday to stop the FDA from complying if the Supreme Court upholds the preliminary ruling. (RELATED: Religious Nonprofit Files Lawsuit Challenging Colorado’s Partial Ban On Abortion Reversal Pills)
“GenBioPro was founded on the belief that all people–regardless of their income, gender, race, or zip code–should be able to access essential, evidence-based medication,” GenBioPro CEO Evan Masingill said in a press release. “In today’s action, we are seeking to enforce rights Congress provided to us, as well as protections in the United States Constitution, which protect our company and our health care provider customers. Notably, today’s matter does not question the scientific expertise or judgment of FDA; rather, it seeks to enforce the rights GenBioPro has under federal law and FDA’s regulatory structure.”
Abortion rights advocates gather in front of the J Marvin Jones Federal Building and Courthouse in Amarillo, Texas, on March 15, 2023. (Photo by MOISES AVILA/AFP via Getty Images)
The lawsuit argues that if the FDA were to comply with a court decision to remove the abortion pill from the market, it would deprive the company of its constitutional rights by taking away its right to “due process of law.” GenBioPro also argues that removing the drug would prevent women from obtaining a “safe, effective and non-invasive medication option for terminating a pregnancy.”
The company claimed that the challenges to the FDA’s approval of mifepristone were “unprecedented” and demanded that the FDA “follow its own procedures and adhere to the mandates of the Federal Food and Drug and Cosmetic Act and the U.S. Constitution,” according to the lawsuit. GenBioPro states that the drug is a completely safe and effective option for women who are looking to have an abortion.
The American Association of Pro-Life Obstetricians and Gynecologists (AAPLOG), however, argued in their lawsuit that the FDA had “eliminated necessary safeguards” in order to expedite approval of the abortion drug. A federal judge agreed with AAPLOG’s conclusion. issuing a preliminary injunction to halt FDA approval of the drug.
That decision is currently under review by the Supreme Court, though the high court placed a hold on further restrictions.
The FDA told the Daily Caller News Foundation that it “does not comment on possible, pending or ongoing litigation.”
GenBioPro did not immediately respond to the DCNF’s request for comment.
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