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Judge Pauses Louisiana Challenge to FDA’s Mail-Order Abortion Pill Rule

The judge gave the FDA six months to report on its safety review, signaling possible court action if the agency stalls.

Overview

  • The judge, ruling Tuesday in Lafayette, put Louisiana’s case on hold and left in place the FDA’s 2023 policy that lets certified pharmacies dispense and mail the abortion pill.
  • He ordered the FDA to file a status update within six months on its ongoing safety review, which began last year and has been reported delayed until after November.
  • Louisiana Attorney General Liz Murrill sued in October to restore in-person pickup, and the judge said the plaintiffs are likely to succeed on the merits when the case resumes.
  • Drug makers Danco Laboratories and GenBioPro intervened to defend the 2023 rule, arguing in court filings there is no scientific basis to reverse it.
  • Conservative states are pursuing cases against out-of-state prescribers as shield-law states refuse extradition, leaving mail and telehealth access available for patients yet risky for providers.